States

Independent contractor status — Colorado Supreme Court sets forth applicable test

From Lexology — “Yesterday we posted an article describing the unsettled test for independent contractor status under Colorado’s unemployment insurance benefits laws after the Colorado Court of Appeals issued a new decision last week.  Now, that test has been settled as the Colorado Supreme Court issued its decision in the Softrock andWestern Logistics cases. The Colorado Supreme Court ruled yesterday that determining…

Totality of circumstances, not single or multi-factor test, determines employee or independent contractor status

From the  Employment Law Daily —  “In two en banc decisions, the Colorado Supreme Court rejected single and multi-factor tests used by courts and administrative agencies below in determining whether individuals are employees or independent contractors under the Colorado Employment Security Act (CESA). Instead the court adopted a “totality of the circumstances” test that involves an “inquiry…

Worker misclassification still a problem in Texas

From the ICon Professional Services’ Blog. “As this blog wrote last month, the state government of Texas just passed a new law that would increase penalties for independent contractor misclassification on public works contracts. While many consider this to be a step in the right direction when it comes to cracking down on this practice, others argue that there…

Employee or Independent Contractor? The Risks of Making A Wrong Decision Grow

From California Peculiarities Employment Law Blog —  “Employers use independent contractors instead of employees for a variety of reasons and under a variety of circumstances.  The decision to use independent contractors has never been without risk, including the risk of class action lawsuits.  However, the stakes in California for misclassifying independent contractors were raised significantly when new…

Independent contractor status dependent on more than one factor, says second Colorado court

From  Lexology — “A second division of the Colorado Court of Appeals has just rejected a stringent, single-factor test for determining whether a worker is an employee or independent contractor for purposes of receiving unemployment insurance benefits. On May 8, 2014, a division of the Court of Appeals issued a decision in an unemployment insurance tax liability…

Massachusetts Employers May Be Liable to Out-of-State Employees Misclassified as Independent Contractors

From Holland & Knight — “Massachusetts employers have long labored under the strictures of the Massachusetts independent contractor statute, General Laws c. 149, §148B, which makes it exceptionally difficult to engage workers in Massachusetts as independent contractors rather than employees. A misclassification, coupled with a failure to pay overtime, can result in liability for treble damages plus…

Massachusetts Independent Contractor Law

Massachusetts blue map

From Morse Barnes-Brown Pendleton, Robert Shea discusses the Massachusetts Independent Contractor Law.  Bob discusses worker classification under federal law and then the various Massachusetts state law tests: Worker Status under Massachusetts Law The Unemployment Compensation Law Test Massachusetts is among nineteen states that have a three-part test for determining worker status for unemployment compensation purposes.…

N.H. subcontractor cited for worker misclassification in Mass.

From the New Hampshire Business Review — Universal Drywall LLC, a New Hampshire company working as a subcontractor on the Job Corps Center project in Manchester, misclassified workers as independent contractors in Massachusetts to gain an unfair advantage over competitors who obeyed the law, according to a suit filed last week by the Massachusetts attorney…