From Lexology, Ober Kaler reports on recent legislation in Maryland that imposes significant penalties for knowingly misclassifying workers. Ober writes: Civil Penalties For Misclassification If an employer fails to properly classify an individual as an employee, it will, of course, be required to make the necessary unemployment contribution payments to the State, however,…
From JDSupra, Michael Marr discusses a recent Fourth Circuit Court of Appeals case in which exotic dancers were found to be employees. Source: Are exotic dancers employees or independent contractors? Fourth Circuit says they are employees | Sands Anderson PC – JDSupra
From the baltimoresun.com — “What is misclassification, exactly? Well, most federal and local wage laws apply only to “employees” — and rules such as overtime pay apply only to “non-exempt employees.” To avoid extra costs, about 30 percent of employers play brazen (and unlawful) games with these legal definitions. Want to hire people without paying them the…
From WestlawNext — A company may be liable for the actions of an independent contractor if it represents that the independent contractor is its servant or agent The court said: “As applied by Maryland courts, the doctrine of apparent agency can be expressed in three elements: 1. Did the apparent principal create, or acquiesce in, the appearance that…
From Lexology — “As the Lowe’s lawsuit demonstrates, drawing the line between independent contractors and employees is very tricky, and if done incorrectly, it can lead to big liability. In addition to the amounts in dispute in the Lowe’s lawsuit, if you misclassify your independent contractor you can face government audits (unemployment social security…), or even…