Independent contractor or employee? Varying tests

From The Tax Advisor, Michael D. Koppel provides an overview of the various tests for determining if a worker is an employee or independent contractor. Michael writes; IRS’s test: The IRS identifies 20 common-law factors for deciding whether someone is an employee rather than an independent contractor in Rev. Rul. 87-41. The general focus is whether a business has…

Virginia Task Force Releases Recommendations To Address Worker Misclassification 

blue map of virginia

From JDSupra, Paul Holdsworth, Adam Lounsbury and Courtney Malveaux report the recommendations of the Virginia Task Force on Worker Misclassification. Paul, Adam and Courtney write: Virginia Governor Ralph Northam’s Inter-Agency Taskforce on Worker Misclassification and Payroll Fraud has offered 11 recommendations in its report on employee misclassification. In August 2019, the Governor reconstituted a taskforce…

Eleventh Circuit Limits Reach of Arbitration Agreements

red word cloud arbitration

From The National Law Review, Edmund J. McKenna discusses a recent case in which the court said a clause in an arbitration agreement was unenforceable because it deprived an employee of the ability to be awarded attorneys fees as allowed by the Fair Labor Standards Act (FLSA). Edmund writes: On November 22, 2019, the United…

California Supreme Court Agrees to Hear Dynamex Retroactivity Question 

California

From JDSupra, Michael Lotito and James Paretti, Jr. report that the California Supreme Court will decided if the Dynamex decision adopting the ABC test for classifying workers will be applied retroactively. Michael and James write: On November 20, 2019, the Supreme Court of California announced it would review and decide whether its 2018 Dynamex decision has retroactive effect. The…

Philadelphia’s Portable Benefits Plan Could Be Gig Economy Model

From JDSupra, Rick Grimaldi reports on a Philadelphia bill that creates portable benefits for domestic workers and Rick suggests it could be amodel that other cities and states could adopt. Rick writes: Philadelphia is about to become the first city in the country to approve legislation that would create a portable bank of paid time…