New York

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…

New York, Illinois find success in tackling labor violations

From newsobserver.com — “Illinois and New York are national leaders when it comes to curbing worker misclassification. Their efforts were highlighted by a recent review of payroll records on large, publicly financed projects conducted by reporters for McClatchy and ProPublica, an independent nonprofit news outlet, in both states. While North Carolina and other Southern states…

Tutoring Company Misclassified Tutors as Independent Contractors in New York

From Independent Contractor Compliance and Misclassification Legal Blog.–  “TUTORING COMPANY FOUND TO HAVE MISCLASSIFIED TUTORS AS INDEPENDENT CONTRACTORS IN NEW YORK. A New York appellate court determined that a tutoring referral and billing company, Ivy League Tutoring Connection, misclassified tutors as ICs where the tutors provided in-home tutoring sessions to clients seeking assistance with school work…

NY DOL crackdown on “classification” of workers

From Lexology — “In 2013, New York’s “Joint Enforcement Task Force on Employee Misclassification” identified 24,000 instances of employee misclassification, discovered $333.4 million in unreported wages and assessed nearly $12.2 million in unemployment insurance contributions. In addition to the Task Force’s work, the New York Department of Labor (“DOL”) is prosecuting many of the misclassifications…

The self-employment surge and how professionals can best prepare

From BinghamtonHomePage — “professionals are choosing self-employment in order to control the type of work assignments they pursue (67 percent), to have a greater sense of flexibility and work-life balance (64 percent), and to follow a passion (59 percent). ‘While they are young, millennials should be proactive in taking advantage of intrapreneurship and training opportunities, as…

Dangers of misclassifying an employee as an independent contractor highlighted once again in New York Appellate Court decision

From Lexology — “Catherin Nance provided photojournalistic services to the New York Post as an independent contractor. After the Post no longer needed her services, she sought unemployment insurance benefits from New York State arguing that the unemployment insurance law covered her because, in actuality, she performed services as an employee and not as independent contractor. The…