Contractor Agreements Not Worth The Paper They’re Printed On, Part 785

Contractor's agreement

From Fisher Phillips, Richard Meneghello discusses a recent case in which the actual relationship between a company and a worker was inconsistent with the independent contractor agreement and the court relied on the actual relationship to make its decision. Richard writes: In the court’s February 8 opinion, however, it noted that the agreement was relevant,…

The Importance Of Independent Contractor Satisfaction — And Four Ways To Achieve It

From Forbes, Gene Zaino discusses why it is important to keep independent contractors happy (including avoiding misclassification lawsuits) and how to achieve it. Gene writes: 1. Legal Ramifications One of the most important reasons to prioritize independent talent satisfaction is based in compliance. “Independent contractor” is a IRS-designated term, and independent contractors cannot be engaged…

7-Eleven’s franchise agreement can’t dictate contractor status, 9th Circuit says 

7 Eleven sign

From HRDive, Lisa Burden discusses a recent decision by the Ninth Circuit Court of Appeals which said that the franchise agreement did not determine how workers were properly classified. Lisa writes: A trial court incorrectly focused on a franchise agreement between 7-Eleven and its franchisees when it considered a claim involving misclassification; instead, it should…

New Fifth Circuit Decision Upholds Independent Contractor Status for Directional Driller Consultants Under the Fair Labor Standards Act

Engineer near oil well

From JDSupra, Lionel Schooler reviews a recent decision in which highly skilled directional driller consultants were held to be properly classified as independent contractors. Lionel writes: Criteria Used to Evaluate Independent Contractor Status. The United States Court of Appeals for the Fifth Circuit interjected itself into this ongoing skirmish last week in Parrish v. Premier Directional…