Texas

Key to maintaining contractor status: Don’t exert too much control over the work

From Business Management Daily — “There’s a fine line between spelling out expectations and unduly controlling exactly how contractors and subcontractors do their jobs. If you use too heavy a hand, those workers you consider to be independent contractors can morph into employees. And that can mean expensive litigation. Recent case: Contina worked as an…

“Independent Contractor” vs. “Employee” – Has Your Company Made the Right Call?

From the Amarillo Globe-News — “The IRS advises the relationship of the worker and the business must be examined in order to determine whether an individual is an employee or an independent contractor under the common law.  In any employee-independent contractor determination, all information that provides evidence of the degree of control and the degree of independence…

Mislabeling construction workers as contractors draws federal scrutiny

From the Houston Chronicle — “Betty Campbell, the Labor Department’s deputy regional administrator for wage and hour in Dallas…said the pervasive practice of misclassifying employees as independent contractors deprives them of the right to earn minimum wage and overtime as well as protection offered by such federal laws as the Family and Medical Leave Act and Americans…

In Texas, Construction Reform Has an Unlikely Champion

From Working In These Times —  ““It’s the Wild West,” says Stan Marek, CEO of Marek Brothers, in an interview with In These Times. Marek, who testified at the April 22 hearing, continues, “You just basically put the word out how many men you need, they show up on your job, you tell them you’re going to…

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…