New York

New York Department of Labor Lawyer Update: Independent Contractor versus Employee Misclassification Battle Stays Hot – New York Employment Lawyer Blog

May of New York State

From the New York Employment Lawyer Blog, Villanueva & Sanchala write about the risks of misclassifying workers as independent contractors instead of employees in New York.  They report that, according to the New York State’s Joint Enforcement Task Force, some job categories are more likely to be misclassified than others and discuss why a company may…

New York State Appellate Division Reverses Administrative Ruling that Delivery Company was Liable for Unemployment Insurance Contributions

baggage stacked high

From Segal McCambridge –  Secal McCambridge reports that one of its shareholders, Ted Eder, won a reversal by the New York State Appellate Division of an administrative decision that a driver for a delivery service was an employee and not an independent contractor.  It writes: “The individual claimant provided contract delivery services for ADS, a…

133,000 Misclassified Workers Detected in New York in the Course of 12,000 Audits and Investigations in 2014, According to the State’s Newest Task Force Report on Employee Misclassification

New York City

From the Independent Contractor Compliance and Misclassification Legal Blog, Richard J. Reibstein, Lisa B. Petkun, and Andrew J. Rudolph discuss the annual report issued by New York’s Joint Enforcement Task Force on Employee Misclassification.  They write: “On February 1, 2015, the Joint Enforcement Task Force on Employee Misclassification issued its Annual Report. The Report noted that the…

When control of an independent contractor makes the news

newspapers

From HB.BLR.com — Keith A. Gorgos of Coughlin & Gerhart writes about two cases in New York where newspaper delivery persons were found to be employees because the company exercised too much control over their work.  Keith provides the background to both cases and reports that “control” was the critical factor; Keith also provides excellent…

Clay company ordered to pay $380,000 in back wages to 300 workers

drywall installation

From Syracuse.com  — “A Syracuse area contractor has been ordered to pay $380,000 in back wages to more than 300 drywall installers that federal officials said were misclassified as independent contractors. The U.S. Department of Labor sued General Interior Systems Inc., of Clay, in U.S. District Court in Syracuse in 2008, alleging the company misclassified…

Are Exotic Dancers Employees or Independent Contractors?

exotic dancer

From the Wall Street Journal – “a case that has raised an increasingly common question about so-called exotic dancers: Are they independent contractors or employees entitled to a minimum wage and benefits? In a partial summary judgment in November, a federal judge in Manhattan awarded nearly $10.9 million in back pay to a group of…

GUEST COLUMN: Don’t misclassify independent contractors

Nathan S. Gibson - woman shaking hands

From Buffalo – Buffalo Business First —  “The following are some additional best practices for creating an independent contractor relationship: It is important that an independent contractor be free to accept or reject assignments. Do not provide contractors with training and provide minimal instructions on how to complete work. While supervision should generally be avoided, attorneys must…

Recent Case Reminds Companies That, Though Much Embattled, Independent Contractor Classifications Can Be Valid

From Foley & Lardner and  JDSupra. — “The dividing line between employees and independent contractors has been a hot topic in employment law for several years. In addition to the interest the federal government has taken in possible misclassification of employees, employers can also be subject to civil suits under the Fair Labor Standards Act (“FLSA”)…

New York “Black Car” Drivers Found to be Independent Contractors

From the The National Law Review — Guy Brenner and Carolyn M. Dellatore write “Judge Jesse M. Furman…found that the chauffeurs were in fact correctly classified as independent contractors under both statutes, and therefore not subject to the wage requirements of the state and federal wage laws.   Judge Furman reached this conclusion in part based on his…