From the Insights Association, Howard Fienberg reports on three states who changes their laws from the ABC test to the IRS’ 20 factor “common law” test. Howard writes: The Insights Association helped Arkansas, Oklahoma, and Tennessee approve changes this year harmonizing their treatment of independent contractors, including respondents who receive incentives for their participation in research…
From JDSupra, Adam Lounsbury, Suellen Oswald, and James Stock report that Tennessee has enacted a new law with a 20 factor test for determining if a worker is an employee or independent contractor. Adam, Suellen and James write: Rejecting the strict “ABC” test adopted by its appellate court, Tennessee has enacted a new law (H.B.…
From Business Insurance, Louise Esola reports on a bill in Tennessee that would adopt a 20 point test to determine if a worker was an independent contractor or an employee entitled to workers compensation. Louise writes: Tennessee Gov. Bill Lee is now being asked to sign a bill that would bring to the state a…
From JDSupra, Greg Grisham reports on a recent Tennessee statute that says that some workers who work through a marketplace platform are not employees. Greg writes: Earlier this year, a new Tennessee law (HB 1978) went into effect specifying that a “marketplace contractor” of a “marketplace platform” is not an employee of the marketplace platform “for…
From the Times Free Press, Andy Sher reports on the debate in the Tennessee senate on a bill that would make workers who worked through a marketplace platform independent contractors. Andy writes: The Tennessee Senate approved legislation Monday that declares workers promoted by companies such as TaskRabbit, which run online “marketplace platforms” connecting customers with handymen…
From JDSupra, Joshua Sudbury reports on a Tennessee case in which dog groomers were found to be employees under the ABC test. Joshua writes: The case involved a business in Knoxville, Tennessee, which, according to its owner’s testimony, was “in the business of grooming dogs.” In addition to canine cleaning, the company trained students to…
From WSFV.com in Nashville, Demetria Kalodimos reports on contractors on construction projects that fail to withhold taxes or pay for workers comp insurance by classifying workers as independent contractors. Demetria reports: The Channel 4 I-Team has found the same thing uncovered nearly five years ago at the Music City Center is now happening right…
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…
From Clarksville, TN Online — “The Workers’ Compensation Division of the Tennessee Department of Labor and Workforce Development has put into place new procedures to identify employers who engage in payroll fraud such as intentionally misclassifying workers as independent contractors, failing to report all wages paid, misrepresenting the kind of work performed, or paying workers “under the…
From Bloomberg – “When construction slowed during the recession, some companies hired workers and wrongly designated them as independent contractors to avoid paying insurance, taxes, fair wages and overtime. Danny Odom, chief operating officer of Odom Construction Systems, Inc. in Knoxville, Tennessee, says he wouldn’t even though the decision put the company of about 225 employees at…