Wednesday, June 11, 2014
Duran v. U.S. Bank National Association,
In a recent publication by Paul, Plevin, Sullivan & Connaughton LLP, Employment Law E-Update, a recent court case, Duran v. U.S. Bank National Association, proved how costly misclassification of position is. The bank misclassified 260 loan officers and the loan officers were awarded $57,000 each, totaling to $15,000,000. The court took a unique approach and instead of interviewing all 260, they based their verdict on a sampling of 22.
I found this interesting as we just discussed this in class. This is a recent verdict (May 2014), interesting case.
Ann
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A very interesting and relevant case. This case and others clearly demonstrate the legal danger in wrongly classifying employees as independent contractors. The determination as to whether a worker is an employee begins and ends with an analysis of the employer's control and the extent of it.
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