New York

Appellate Division Rules That Paid Blogger Was Not An “Employee” Entitled To Unemployment Benefits, Signaling Trend Toward More Searching Judicial Review of Agency Decisions 

blogger in coffee shop

From the National Law Review, Allan S. Bloom discusses a recent court decision in New York that said that a blogger was an independent contractor.  Allan writes: In an encouraging decision last week, the Appellate Division, Third Department—in Mitchell v. The Nation Co. Ltd. Partners (Dec. 29, 2016)—reversed two decisions of the UI Appeal Board and held…

November 2016 Independent Contractor Misclassification and Compliance News Update

new-york-on-a-neon-sign

  From JDSupra, Richard J. Reibstein discusses news from the Independent Contractor Misclassification and Compliance Blog including how the new New York City law.  The new law, designed to protect freelancers, may result in fewer companies using freelancers with a New York City mailing address because of the potential damages the law allows a freelancer to…

Freelancers to Enjoy Fee Payment Protections in New York City, But Bill Passed by City Council Has Major Defects 

new-york-on-a-neon-sign

  From the Independent Contractor Misclassification and Compliance Legal Blog, Richard Reibstein, Lisa Petkun and Andrew Rudolph discuss the key features and drawbacks of a recent bill passed by the New York City Council to protect freelancers.  They write:  The Mayor should send it back to the City Council to cure its flaws, which would otherwise lead…

New York Establishes a Super IC Misclassification-Plus Task Force 

New York State

    From JDSupra, Richard Reibstein reports that New York established a Super IC Mislcassifcation-Plus Task Force.  Richard writes: New York State has been and remains one of the most aggressive states in identifying independent contractor misclassification. It has enacted two of the most far-reaching misclassification statutes in the country covering two industries where independent contractor…

Wage-theft bill threatens employers with jail, requires contracts for freelancers 

prison cell

From Crain’s New York Business, Rosa Goldensohn reports on a bill in the New York City Council that would subject companies that did not pay freelancers in a timely manner to penalties.  Rosa writes: Councilman Brad Lander on Monday introduced the Freelance Isn’t Free Act, which would have the Department of Consumer Affairs enforce new rules for…

City Council Developing New Protections for Workers in ‘Gig’ Economy

New York City street

From Gotham Gazette, Samar Khurshid reports about efforts by a New York City Council Member Brad Lander to develop legislation to help “gig” workers.  Samar writes: Lander is working with the New York City-based Freelancers Union to create a legislative framework for wage protection for freelance employees. In September, He appeared at a Brooklyn town…

New York Bill Follows California’s Lead to Recognize Professional Cheerleaders as Employees

cheerleaders

From Ogletree Deakins, Dino A. Bovell reports on legislation in California and proposed legislation in New York that would classify professional cheerleaders as employees.  Dino writes: “It’s official—professional cheerleaders are now recognized as employees under California law. On July 15, 2015, California Governor Jerry Brown signed a bill that requires all California-based professional sports teams…

NY Says Mystery Shoppers are Independent Contractors

busy shopping mall

From FindLaw, the New York Supreme Court Appellate Division concluded that mystery shoppers were independent contractors and not employees.  In Re:  The Claim of Joseph Chan.  The court said: “The existence of an employer-employee relationship is a factual issue for the Board to resolve and “turns on whether the purported employer exercises control over the…

NY finds newpaper delivery person to be an employee

NY says delivery person is employee

From Findlaw, the appellate division in New York said that Camille Hunter, who delivered newspapers for Gannet Company, was an employee and not an independent contractor and that Gannet was responsible for paying unemployment taxes.  The reviewed how much control Gannet exercised and determined that Hunter should have been classified as an employee instead of…

New York physicians: Independent contractors or employees?

woman doctor in lab coat

From HR.BLR.com, Angelo D. Catalano of Coughlin & Gerhart LLP reports on a recent appellate decision in New York that found that a psychiatrist who provided on-site services was an employee of the counseling center where he provided services.  He writes: “In addition to the NYSDOL[New York Department of Labor], many agencies, including the U.S.…