States

Measure Twice, Cut Once: Understanding the Construction Workplace Misclassification Act 

Pennsylvania

From The Legal Intelligencer, Susan Nanes discusses Pennsylvania’s Construction Workplace Misclassification Act (CWMA). She writes: The CWMA (Construction Workplace Misclassification Act), 43 P.S. Secction  933.1-17, is a 2010 enactment (effective February 2011). In proposing the bill, the Pennsylvania House Labor Relations Committee sought to curb construction employers’ common practice, intentional or otherwise, of deeming workers to be…

Massachusetts Legislature Passes Comprehensive Noncompete Reform 

Massachusetts blue map

    From Lexology, Melissa McDonagh and Kevin Burke report on the recently passed (but not yet signed into law) Massachusetts bill that restricts non-compete agreements and that the restrictions apply to agreements with independent contractors also.  Melissa and Kevin write: New Minimum Requirements for Noncompetition Agreements in Massachusetts As noted above, the Act specifically curtails…

Legislature Will Not Act This Year To Modernize Labor Laws For ‘Gig Economy’ Companies 

California

  From Capital Public Radio, Ben Adler reports that the California legislature will not address the new ABC standard for classifying workers adopted by the California Supreme Court despite requests from businesses who engage with independent contractors.  Ben writes: Businesses that rely on the “gig economy” have been urging state lawmakers to overturn a California Supreme Court…

Dynamex Decision Should Be Addressed by the Legislature

California

  From Fox & Hounds,  Chris Micheli argues that the California legislature should define the standard for classifying a worker as an employee or independent contractor and not the California Supreme Court. Chris writes: With such a seismic shift in California’s employment law, it is the elected branch of government that should utilize the legislative process to…

Employers Beware! Government Agencies Are Out To Bust You For Misclassifying Your Employees As Independent Contractors 

Arizona the Grand Canyon State Welcomes You

  Jaburg Wilk reviews the difference between an employee and independent contractor and reviews various standards including Arizona’s “right to control” standard. Employee or Contractor? The only problem is you likely can’t get away with it.  You can’t call an employee an independent contractor if the employee is not really an independent contractor – if it looks…

Labor Commissioner Cites Nail Salon $1.2 Million for Misclassification and Wage Theft of 36 Workers

woman doing another woman's nails

  From PR Newswire, a report of misclassification of workers in a nail salon in California. OAKLAND, Calif., July 30, 2018 /PRNewswire/ — The Labor Commissioner’s Office issued more than $1.2 million in wage theft citations to a Temecula nail salon for misclassifying and failing to properly pay 36 workers. An investigation found that the workers…

New York officials recognize three Uber drivers as employees

New York State

  From engadget, Mariella Moon reports that Uber will be required to pay unemployment taxes for its driver in New York because they will be considered employees. Mariella writes: New York authorities have reached a decision that could change the way Uber drivers are classified — at least when it comes to unemployment insurance. The New York State Unemployment…

State Court Concludes ABC Test Should Be Applied Retroactively

California

  From the Gig Employer Blog, Richard Mengeghello discusses the recent California court ruling that says the new ABC test adopted by the California Supreme Court should be applied retroactively. Richard writes: One of the biggest questions remaining about the test was whether it should be applied retroactively. In other words, should businesses be protected for having…

Will California’s New Worker Classification Test Be Applied Retroactively? One Judge Says Yes

police car in rear view mirror

From the Recorder, Erin Mulvaney reports that one judge says employers need to be looking in their rear view mirror because the new ABC test adopted by the California Supreme Court should be applied retroactively. Erin writes: Gig economy companies and judges are grappling with the California Supreme Court ruling that upended how employers classify their workers, and whether…

Louisiana Workforce Commission Puts Employers on Notice – Don’t Misclassify Workers

map of Louisiana

    WorkersCompensation.com reports that  Louisiana Workforce Commission has conducted unannounced site inspections in an attempt to combat misclassification of workers as independent contractors. WorkersCompensation.com writes: Teaming with partner agencies, the Louisiana Workforce Commission (LWC) conducted unannounced site inspections today as the agency ramps up efforts to combat the unethical business practice of misclassifying workers. “Unannounced site…