Crikey! Across the pond, worker misclassification is a hot topic, and the European Court of Justice (ECJ) has turned up the heat on companies using independent contractors.
In a closely watched case, the ECJ ruled that a commission-only sales contractor who was misclassified was entitled to receive payment for four weeks of annual holiday pay for the entirety of his engagement, 13 years, covering 1999 to 2012. The case is King v Sash Window Workshop Ltd., decided 29/11/2017 (US translation: 11/29/2017).
In the US, back pay in misclassification cases is often limited to two or three years. Statutes of limitation generally limit how far back a worker can go when seeking a recovery. But what about Europe?
Who Is My Employee? 