States

Newspaper carrier is independent contractor

From Lexology — “Owen v. Tennessee Valley Printing Company, Inc., No. 2130139 (Ala. Civ. App. 2014) (holding that newspaper deliverer was independent contractor and not agent of newspaper company). Tennessee Valley Printing Company, Inc., d/b/a The Decatur Daily (“TVPC”) utilizes independent contractors to deliver newspapers for The Decatur Daily. Carolyn Johnson (“Johnson”) entered into a contract with TVPC…

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…

Were Oregon workers independent contractors or employees?

From HR.BLR.com — The Oregon Appeals court said: “that freedom from direction and control over the means of providing services signifies that a worker can determine which resources to use to perform the work and how to use those resources. Freedom from direction and control over the manner of providing services means a worker can determine…

Gov. McAuliffe Signs Executive Order Establishing Inter-Agency Task Force on Worker Misclassification

From NBC29 WVIR Charlottesville, VA News, Sports and Weather — “Office of Governor Terry McAuliffe Press Release … “Every Virginian who works hard and follows the rules should get the pay and benefits that they deserve,” said Governor McAuliffe “This executive order will begin a process to ensure that employers throughout the Commonwealth follow the same rules…

Key to maintaining contractor status: Don’t exert too much control over the work

From Business Management Daily — “There’s a fine line between spelling out expectations and unduly controlling exactly how contractors and subcontractors do their jobs. If you use too heavy a hand, those workers you consider to be independent contractors can morph into employees. And that can mean expensive litigation. Recent case: Contina worked as an…

“Independent Contractor” vs. “Employee” – Has Your Company Made the Right Call?

From the Amarillo Globe-News — “The IRS advises the relationship of the worker and the business must be examined in order to determine whether an individual is an employee or an independent contractor under the common law.  In any employee-independent contractor determination, all information that provides evidence of the degree of control and the degree of independence…

Virginia Significantly Raises Worker Misclassification Fines

From Virginia Workplace Law — “On July 1, 2014, the  Virginia Workers Compensation Act (the “VWCA”) significantly increased the civil penalties that the state can impose on a Virginia business owner who has failed to insure a worker who should have been insured. The civil penalty is now up to $250 per day for each day of noncompliance, subject to…

California Supreme Court Holds Independent Contractor Misclassification Claims Can Be Determined by Common Proof – But Only in Certain Circumstances

From  Littler Mendelson — [note:  this is the best article I’ve seen on the Ayala v. Antelope Valley Newspapers, Inc. case.] “California Businesses Retaining Contractors Can Reduce Their Exposure For other class actions in the pipeline or yet to be brought, plaintiffs’ counsel no doubt will argue that the California Supreme Court decision supports class certification, at…

California Court of Appeal Enforces Contractor’s Agreement to Arbitrate Misclassification Claims Out of State

From the National Law Review — “This case is important for two reasons:  (1) the court upheld an arbitration agreement between a Seattle-based company and a California plaintiff challenging his status (and that of the putative class) as an independent contractor (v. employee), even though the agreement provided for the application of Washington law and…