From JDSupra, Brett Anders and Carlyle Edwards-Balfour discuss a recent case in which an employer was liable for the actions of a non-employee. Companies that engage with independent contractors should be aware that they might be liable if their actions constitute harassment. Brett and Carlyle write: The court dismissed all claims except the claims of: (1) hostile work…
MBO Partners provides excellent advice on how to avoid a misclassification audit: Improve independent contractor satisfaction at your company and minimize the risk of a misclassification audit with these five tips. 1. Conduct an Internal Audit of Worker Classification Practices Conducting an internal audit can provide you with an in-depth understanding of your current classification practices and…
From the Auburn Reporter, Julee Broberg argues against changes to laws classifying workers as employees or independent contractors without reviewing how they might affect hairdressers and salon owners. Julee writes: Intermediary employees. Contributing agents. Worker wage boards. This is the gobbledygook that hairdressers and salon owners like my wife, Julee, are trying to make sense of…
In a case reported in Massachusetts Lawyers Weekly, the court did not enforce an arbitration agreement because one party to the agreement has the right to change the agreement at any time, at its sole discretion, and without providing notice. Massachusetts Lawyers Weekly said: Where defendants sought to compel arbitration, arbitration was inappropriate because the agreement containing the…
From the LA Times, Stormy Daniels argues against the Dynamex decision and that exotic dancers should be independent contractors and not employees. She writes: Performers in the adult entertainment industry often want anonymity. Today I’m very public about the nature of my work, but that has not always been the case. When I started dancing, I…
From JDSupra, Adam Lounsbury and Robert Frederick Seidler discuss a recent Indiana case in which a driver was found to be an independent contractor under the ABC test. Adam and Robert write: Q.D.-A, Inc. “is a business that connects drivers with customers who need too-large-to-tow vehicles driven to them.” The company acts as a matchmaker, matching the needs…
MBO Partners provides excellent guidance for engaging with independent workers: 1. Legally speaking, engaging an independent contractor is different than hiring an employee. Today’s regulatory environment for independent contractor engagement is complex. By law, independent contractors represent a different category of worker and there are different laws that govern how they can be engaged and treated…
From Lexology, Mathew A. Parker reports on the new Ohio statute that limits the liability of franchisors as joint employers of franchisees. Matthew writes: Ohio recently amended its definition of “employer” in order to limit the joint employer status of franchisors. Effective March 20, 2019, franchisors will not be considered joint employers with their franchisees unless one…
From JDSupra, Richard Reibstein discusses the recent case which reversed a District Court decision and said that insurance agents were independent contractors. Richard writes: the U.S. Court of Appeals for the Sixth Circuit, based in Cincinnati, Ohio, reversed the district court and held that insurance agents serving American Family policyholders were properly classified as independent contractors under…
From Lexology, William J. Kishman discusses the recent decision by the National Labor Relations Board (NLRB) to adopt the test for determining if a worker is an independent contractor for purposes of the National Labor Relations Act (NLRA) that was in place before a test adopted during the Obama administration. William write: On January 25, 2019, the…