The United States Department of Labor (DOL) announced that it signed an agreement with South Dakota to share information and conduct joint investigations. The news brief stated: The U.S. Department of Labor’s Wage and Hour Division and the South Dakota Department of Labor and Regulation signed a three-year Memorandum of Understanding intended to protect employees’…
From WorkCompCentral (subscription required), Ben Miller reports that 9 legislators in South Dakota support legislation that would allow a worker to file an affadavit to be an independent contractor and would then be exempt from the workers’ compensation statute. One of the risks of engaging with an independent contractor is the possibility that s/he is injured while…
From HR.BLR.com — The 8th Circuit Court of Appeals found that a pathologist was an independent contractor and not entitled the protections of the ADA, ADEA or FMLA: “In reviewing the common-law “control” factors, the 8th Circuit noted that Alexander determined how he would provide his services, set his own work schedule, and was free…
From JD Supra, Hinshaw & Culbertson LLP write: “On appeal in the case, Alexander v. Avera St. Luke’s Hosp., No. 13-2592 (8th Cir. Sep. 30, 2014), the Eighth Circuit considered the appropriate tests for independent contractor under the laws implicated. The court held that under the ADA and ADEA, the term “employee” meant the common-law master-servant relationship…
From the Rapid City Journal — “The Legislature might be asked to clarify a worker’s compensation issue that recently developed in South Dakota — namely whether subcontractors must be covered by worker’s compensation insurance.If not, the public may end up paying more to ensure workers are covered by insurance in emergencies.A company that sells worker-compensation…