From the Insights Association, Howard Fienberg reports on three states who changes their laws from the ABC test to the IRS’ 20 factor “common law” test. Howard writes: The Insights Association helped Arkansas, Oklahoma, and Tennessee approve changes this year harmonizing their treatment of independent contractors, including respondents who receive incentives for their participation in research…
The Coalition to Promote Independent Entrepreneurs reports that a bill was filed in Oklahoma to change the test for classifying workers for unemployment tax purposes. They write: The Coalition to Promote Independent Entrepreneurs applauds Oklahoma State Representative Mike Osburn (R-81) for pre-filing the Empower Independent Contractors Act of 2019, H.B. 1095. This bill would replace the flawed…
From JDSupra, Richard Reibstein discusses an Oklahoma case in which a personal assistant alleged she was an employee instead of an independent contractor. Richard writes: OKLAHOMA OIL AND GAS RIG LEASING COMPANY DENIED SUMMARY JUDGMENT IN IC MISCLASSIFICATION CLAIM. An Oklahoma federal court has denied summary judgment to an oil and gas rig leasing…
The United States Department of Labor announced that it entered into an agreement with the Oklahoma Employment Security Commission to share resources and enhance enforcement. The announcement states: The U.S. Department of Labor’s Wage and Hour Division and the Oklahoma Employment Security Commission signed a three-year Memorandum of Understanding intended to protect employees’ rights and level…
From NewsOK, Paula Burkes shares a conversation with Adam Childers about the California decision that an Uber driver was an employee and its implications for Uber drivers in Oklahoma. Paula writes: “Q: What could this case mean for other Uber drivers and the company? A: This ruling is just the latest twist in an ongoing legal…
From WestlawNext (subscription required) — The Supreme Court of Oklahoma addressed the issues of employee or independent contractor in the context of an unemployment claim. The court said: “In Page v. Hardy, 1958 OK 283, 334 P.2d 782, this Court set out several factors to be considered when determining whether an employee/employer relationship exists. Those are: (a)…