States

Why many truckers choose independence

From the Press-Telegram — “Within three short years, I went from working for others to owning and operating my own business enterprise. Being an owner-operator provided me opportunity and through hard work, I’ve been able to explore different parts of the country, purchase my own fleet of trucks, manage my own operation, and now have…

State’s crackdown on worker misclassification not all it’s cracked up to be

From New Hampshire Business Review — “There is no question that the problem of misclassification is widespread in New Hampshire. Since 2012, the state Department of Employment Security has found cases of misclassification in 23 percent of the 922 audits it has conducted. That means that employers and employees avoided payroll deductions on some $37.7 million…

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

From Wolters Kluwer — “In two recent decisions, the Colorado Supreme Court rejected single and multi-factor tests used by courts and administrative agencies in determining whether individuals are employees or independent contractors under the Colorado Employment Security Act. Instead, the court adopted a “totality of the circumstances” test that involves an “inquiry into the nature…

Lowe’s takes a blow with seven figure settlement of independent contractor misclassification suit

From Lexology — “As the Lowe’s lawsuit demonstrates, drawing the line between independent contractors and employees is very tricky, and if done incorrectly, it can lead to big liability. In addition to the amounts in dispute in the Lowe’s lawsuit, if you misclassify your independent contractor you can face government audits (unemployment social security…), or even…

Tennessee Targets Workers’ Comp Fraud in Construction Industry

From the Insurance Journal — “The Tennessee Department of Labor has been expanding efforts to uncover employer fraud within the construction industry. The efforts, aided by recent legislation,  will help identify employers who are paying workers under the table, intentionally misclassifying workers as independent contractors, and who are failing to report all wages paid.” Read…

FedEx Ground Settles Drivers’ Independent Contractor Misclassification Case in Maine for $5.8 Million

From the Independent Contractor Compliance and Misclassification Legal Blog — “141 drivers classified as independent contractors by FedEx Ground will receive $5.8 million in settlement of their misclassification lawsuit brought under federal and Maine wage and hour laws.  The amount includes their class counsels’ legal fees of $1.9 million.  Scovil v. FedEx Ground Package System, Inc., d/b/a FedEx…

Drop in number of self-employed Indiana residents raises concerns about missed opportunities

From the Daily Journal — “What those numbers mean for the self-employed is uncertain, but fewer people working for themselves isn’t a good statistic, Cutter said. “What it means is the economy isn’t living up to its potential,” Cutter said. “A decline in entrepreneurs means lost opportunities. It limits the chances for another Sweetwater Sound or…

Employee Vs Independent Contractor – Florida

From  Hiring An Electrician  — “In general, an independent contractor is an individual who is in business for him or herself and maintains independence from the business he or she is performing the service for, whereas an employee works for and performs services under the control of the business receiving the service. The IRS and the…

Oregon court reverses ALJ and finds maintenance workers to be independent contractors

From Wolters Kluwer Law & Business — “Noting that Oregon law does not require a worker to be free from all direction and control in order to be considered an “independent contractor” for purposes of unemployment insurance, an Oregon Court of Appeals reversed an Administrative Law Judge’s (ALJ) decision sustaining the assessment of a tax with…

Independent Contractor (Self-Employed or Employee?)

From The Everyday Law Blog — “What is an independent contractor? An independent contractor is an individual or company that provides services for another. An independent contractor differs from an employee because an independent contractor works for him or herself. An independent contractor is responsible for paying his or her own taxes, health insurance, or any…