Obama budget eyes employee-contractor issue

| March 02, 2010

The battle continues in state courts. The Kansas Court of Appeals ruled in favor of Nebraska Furniture Mart Feb. 17, stating it was not an employer as defined by the state wage and hours laws and, therefore, does not owe truckers or their helpers overtime pay.

On Feb. 19, Arizona-based Swift Transportation and Interstate Equipment Leasing requested a change of venue to its home state in a suit in which truckers say they were wrongly classified as owner-operators. The plaintiffs, who are seeking class action status, filed in U.S. District Court for the Southern District of New York against Swift, owner of IEL that leases trucks to Swift’s California and New York owner-operators.

On April 21, 2009, the U.S. Court of Appeals for the District of Columbia Circuit ruled FedEx Ground owner-operators were contractors not employees, and, therefore, outside the jurisdiction of the National Labor Relations Board.

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