Last year, a group of delivery drivers for Amazon’s Prime Now service who worked through third-party services sued Amazon and their employers in California. Now a group of couriers in Phoenix, Arizona are doing the same, pointing out that being required to wear Prime Now uniforms, ask customers to take Amazon surveys, and work fixed hours from an Amazon warehouse should have made them employees of the mega-e-tailer, not independent subcontractors. [More]
Restaurant Group Behind 17 N.J. Houlihan’s Sued For Allegedly Pocketing Workers’ Tips, Not Paying Overtime
A New Jersey company that operates 17 Houlihan’s restaurants in the state is being sued by the U.S. Department of Labor over claims that bosses were skimming tips from employees, to the tune of $40,000 that should’ve gone into tipped workers’ pockets, but instead were allegedly “unlawfully” distributed to non-tipped employees.
Where is a business supposed to draw the line between a traditional employee and an independent contractor hired by the company? Some say it’s a question of hours worked, or whether the position is project-based, while others claim it’s whatever the company and the worker agree to call it. In an effort to clarify the matter, the U.S. Dept. of Labor has chimed in with new guidance for employers.
You might have seen the news a few weeks ago that President Obama issued an executive order that would expand how many workers who are eligible to receive overtime pay. Under current rules, salaried workers with administrative or supervisory duties, like retail managers, are exempt from federal overtime rules as long as they earn more than $455 per week. That includes an anonymous assistant manager at Walmart who spoke to Salon’s Josh Eidelson about what that really means in his life. [More]