Pennsylvania

Lawmakers: Misclassifying workers costing millions in revenue 

Pennsylvania

From The Intelligencer, Chris English reports on the efforts of Pennsylvania legislators to strengthen the laws governing misclassification of workers as independent contractors or employees. Chris writes: Misuse of the independent contractor designation for workers, primarily in the construction industry, is costing the state and federal governments a combined total of about $300 million in…

Psychological Counselors Properly Classified as Independent Contractors

From JDSupra, Richard Reibstein reports that a Pennsylvania court found that counselors were independent contractors. Richard writes: The Pennsylvania Commonwealth Court found that psychological counselors who provided services to clients referred by Pathways Counseling Services, LLC had been properly classified as independent contractors, applying the state’s two-prong AB test. Pathways has contracts with insurance companies to…

Referees Settle Independent Contractor FLSA Action: No “Penalty” For Either Side 

From JDSupra, Mark Tabakman discusses a settlement from a case alleging that referees were misclassified as independent contractors. Mark writes: The issue of whether athletic referees are independent contractors has surfaced a few times in the last few years. Here, in Pennsylvania, the Pennsylvania Interscholastic Athletic Association (the PIAA) that engages these referees has agreed…

Overview of the Construction Workplace Misclassification Act

From Lawyers.com, Larry Pitt provides an overview of Pennsylvania’s Construction Workplace Misclassification Act. Larry writes: The Construction Workplace Misclassification Act (Act 72) prohibits such misclassification of construction workers and penalizes employers who do so. Misclassifying Employees as Independent Contractors is Prohibited The U.S. Department of Labor encourages workers to be aware of their rights under…

Stiffer Penalties Proposed for Misclassification of Construction Workers 

Construction workers and steel beams

  From The Legal Intelligencer, Victoria Hudgins reports on a Pennsylvania state representative’s efforts to increase the penalties for misclassifying workers. The construction industry is frequently the target of government efforts to find and punish companies that misclassify workers. Victoria writes: A state representative seeks to increase the penalties for misclassifying construction employees as independent contractors.“Intentional…

Measure Twice, Cut Once: Understanding the Construction Workplace Misclassification Act 

Pennsylvania

From The Legal Intelligencer, Susan Nanes discusses Pennsylvania’s Construction Workplace Misclassification Act (CWMA). She writes: The CWMA (Construction Workplace Misclassification Act), 43 P.S. Secction  933.1-17, is a 2010 enactment (effective February 2011). In proposing the bill, the Pennsylvania House Labor Relations Committee sought to curb construction employers’ common practice, intentional or otherwise, of deeming workers to be…

Why Philly employers should pay attention to this California Supreme Court ruling

  From the Inquirer, Juliana Feliciano Reyes discusses the recent California decision and how it may affect other employers. Juliana writes: This week, the California Supreme Court issued a ruling that will make it harder for employers to classify their employees as independent contractors, leaving observers to wonder how the decision will affect companies like Uber and Lyft, which have built…

Registry Aims to End Confusion About Independent Contractor Status In Pennsylvania

Pennsylvania

  From WorkCompCentral, William Rabb reports on a bill filed by Pennsylvania General Assembly Representative Fred Keller.  Representative Keller’s bill, HB 1781, would allow an individual who is classified as an independent contractor for federal income tax purposes to register with the Department of Labor and Industry. Source: Registry Aims to End Confusion About Independent Contractor…

Judge Holds UberBLACK Drivers Are Independent Contractors, Not Employees 

uber black car pickup

  From JDSupra, Susan Lessack discusses the decision that UberBLACK drivers were independent contractors.  The drivers operated their own transportation companies and their agreement with Uber said that the drivers were employees of the transportation comapny.  Susan write: On April 11, Judge Michael Baylson of the U.S. District Court for the Eastern District of Pennsylvania became the…

$4.59 Million Verdict for Exotic Dancers 

  From JDSupra, Richard Reibstein reports on a verdict in favor of exotic dancers who alleged they were misclassified. Richard writes: $4.59 MILLION JURY VERDICT IN FAVOR OF EXOTIC DANCERS APPROVED BY COURT IN IC MISCLASSIFICATION TRIAL.  A Pennsylvania federal judge approved a  jury’s verdict of $4.59 million in favor or a class of exotic…