2nd Circuit Provides Plan for Employers to Win Misclassification Cases

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In Saleem v. Corporate Transportation Group (2nd Cir. 4/12/17) [pdf], the 2nd Circuit Court of Appeals considered whether a company properly classified a group of black-car taxi drivers as independent contractors, or whether it should have classified them as employees. In ruling for the company, the court gifted employers a game plan to use when classifying workers to minimize risk in making the key determination of whether a worker is an employee or an independent contractor.

In so ruling, the court considered three factors to be crucial as to the “economic realities” of the relationship between company and drivers in

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