States

$4.59 Million Verdict for Exotic Dancers 

  From JDSupra, Richard Reibstein reports on a verdict in favor of exotic dancers who alleged they were misclassified. Richard writes: $4.59 MILLION JURY VERDICT IN FAVOR OF EXOTIC DANCERS APPROVED BY COURT IN IC MISCLASSIFICATION TRIAL.  A Pennsylvania federal judge approved a  jury’s verdict of $4.59 million in favor or a class of exotic…

WI Crackdown on Worker Misclassification Nets $1.4 Million in Unpaid Taxes, Interest & Penalties

Wisconsin - blue map

  Workerscompensation.com reports that Wisconsin’s focus on misclassification of workers as independent contractors allowed the state to collect $1.4 million. Department of Workforce Development (DWD) Secretary Ray Allen announced that due to the department’s efforts to combat the misclassification of workers in Wisconsin across numerous industries, the state netted $1.4 million in unpaid Unemployment Insurance (UI)…

Associate Dentist and Dental Hygienist: Employee or independent contractor?

    The California Dental Association (CDA) offers guidance on the classification of associates and dental hygienists in a dental practice.  It states: It’s not uncommon for Practice Support to receive questions regarding the classification of registered dental hygienists. When considering an employment status for an RDH, generally this individual worker would not meet the…

Proposed California Law Would Establish Portable Benefits For Gig Companies And Address Misclassification Issue 

California

  From JDSupra, Benjamin Ebbink discusses proposed legislation in California that would create portable benefits for gig workers. Benjamin writes: As we have previously discussed, one of the hottest gig economy issues to dominate political and public policy debate has been “portable” benefits – the concept that gig economy workers should have flexible, portable benefits that they…

New Partnership Will Combat Wage Theft and Other Crimes

Alaska

  Alasksa Business publishes a press release from the Alaska Department of Labor and Workforce Development that says that the Alaska Department of Labor and Workforce Development and the Alaska Institute for Justice are working together to fight wage theft including working misclassification.  It states: JUNEAU, Alaska—The Alaska Department of Labor and Workforce Development and the Alaska Institute…

You Win Some, You Lose Some: A Review Of Some Recent Misclassification Decisions 

  From Mondaq, Richard R. Meneghello discusses three misclassification cases including an unusual one where the worker was a former employee, the company issued him a w-2 but the court still found him to be an independent contractor.  Richard writes: The first case comes from the Ohio Court of Appeals, where Jacob DeLong brought suit against Fence Solutions…

Harvard University Gets Lesson In “Higher Education” In Independent Contractor Case 

Harvard

  From JDSupra, Mark Tabakman reports on a settlement between Harvard University and therapists and acupuncturists who alleged that they were misclassified as independent contractors.  Mark writes: [Harvard University] has just recently agreed to revise its university-wide worker classification system as part of a settlement of a class action involving allegations of misclassification. The case is entitled Donahue…

Avoid the Dangers of Misclassifying Employees as Independent Contractors 

  From Smith Armundsen Labor & Employment Law Update,  Amanda Biondolino discusses the risks of misclassifying workers as independent contractors. She writes: When a worker is classified as an independent contractor, the employer is not liable for federal tax withholding, payment of state unemployment tax, maintaining workers compensation insurance or compliance with state and federal wage and…

Dept of Revenue Cracking Down Employee Misclassifications

map of Louisiana

  From The National Law Review, Andre Burvant reports an initiative in Louisiana to crackdown on the misclassification of workers as independent contractors. Andre writes: The Louisiana Department of Revenue (DOR) has joined forces with other Louisiana agencies to crackdown on employee misclassification and failure to withhold payroll taxes. The GAME ON (Government Against Misclassified Employees Operational Network) Task Force is an…