Michigan

MI Legislation: Wage Theft, Independent Contractors, Noncompetes

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From The National Law Review, Christopher Mikula review proposed legislation in Michigan includes a bill to adopt the ABC test for classifying workers as independent contractors and imposing additional penalties for misclassifying workers. Chris writes: The new legislation would make employee-friendly modifications to several Michigan statutes, including the Payment of Wages and Fringe Benefits Act (PWFBA),…

Michigan attorney general takes on persistent yet little-known crime wave: Wage theft

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From the Daily Kos, Dawn R Wolfe discusses Michigan Attorney General’s initiative to address misclassification. Dawn writes: In April, Michigan Attorney General Dana Nessel announced the creation of a Payroll Fraud Enforcement Unit to tackle the problem of businesses that steal from their employees and their communities. Earlier this month, Nessel’s office announced that it was getting…

Michigan Court Rules for Westfield Insurance in ‘Employee v. Contractor’ Case

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  From the Insurance Journal, Stephanie K. Jones reports on a recent Michigan case in which the question of which insurance company was responsible for a loss hinged on whether the worker was an employee or independent contractor.  Stephanie writes: The focus of Farm Bureau General Insurance Co. of America v. Westfield Insurance Co. is whether that worker was…

Court Says Uber Drivers Are Independent Contractors – New Michigan Law Agrees

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  From Newmeth Law Employment Blog, Patricia Nemeth and Kellen T. Myers discuss the Florida finding that an Uber driver was an independent contractor and a recent Michigan statute that also says Uber and Lyft drivers are independent contractors. They write: On March 21, 2017, the “Limousine, Taxicab, and Transportation Network Company Act” becomes effective,…

Michigan Contractor Ordered to Pay Back Wages 

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    Green Industry Pros reports that a company in Michigan was required to pay $38,000 in back wages and damages for unfair practices including misclassifying workers as independent contractors.  The story says: An investigation by the U.S. Department of Labor’s Wage and Hour Division found the company and its owner violated the Fair Labor Standard…

Independent contractor or employee: Who is working for you?

From Crain’s Detroit Business — “The IRS recently developed a three-part test to determine whether a worker should be classified as an independent contractor or an employee. The test considers all information that illustrates the company’s degree of control and the worker’s degree of independence. The three categories consist of 1) behavioral control; 2) financial control and…