These are Michael Marr's posts

Are exotic dancers employees or independent contractors? Fourth Circuit says they are employees

In May 2016, the Fourth Circuit applied a six-part, economic realities test to determine that two Maryland dance clubs had misclassified their exotic dancers as independent contractors. This case is important for several reasons: understanding the elements of the court’s “economic realities” test;  the application of the court’s “economic realities” test; the legal basis for […]

 

Employee Misclassification Continues to Make News

Just last month, GrubHub, DoorDash, and Caviar were sued in San Francisco Superior Court in lawsuits similar to those pending cases against Uber and Lyft. These three new lawsuits ask the hot-button question: are workers in the shared economy employees improperly classified as independent contractors? If the current individuals working for these three shared economy […]

 

Amazon makes a splash and joins the “gig” economy

Under the name “Amazon Flex“, Amazon has joined Uber and Lyft in the “gig” economy. According to the Amazon website, workers can choose any available 2, 4, and 8 hour blocks of time to work the same day, or set availability for up to 12 hours per day for the future. Like Uber, you can […]

 

The Joint Employer Doctrine Strikes Again

In a post last month (Serving Two Masters- Fourth Circuit Recognizes the Joint Employment Doctrine), we discussed the July 15th Fourth Circuit opinion of Butler v. Drive Auto. Indus. of Am, which made the joint employment doctrine the law of the Fourth Circuit. The Fourth Circuit adopted a “hybrid” test that embraced both the common […]

 

Discrimination by Association: It’s Illegal.

You may have heard of guilt by association before, but what about discrimination by association? Everyone knows that an employer cannot discriminate on the basis of an employee’s disability, but what if the employee has a disabled child? Does the child’s disability affect your hiring and retention decisions of the parent? Yes. The Americans with […]

 

Independent Contractor or Employee: Do You Pass the “Economic Realities” Test?

In the first Administrator’s Interpretation issued in more than a year, the Department of Labor has recently weighed in on the debate over the misclassification of employees—a  debate that has been stirred up of late by companies such as Uber, Lyft, and the now closed Homejoy. “Although independent contracting relationships can be advantageous for workers and […]