Virginia

Companies should revisit contractors’ classification as state steps up investigations 

blue map of virginia

  From Lexology, Shyrell A. Reed and Whit Long discuss the importance of classifying workers properly for workers’ compensation purposes. They write: Under Virginia law, most employers with three or more workers are required to carry workers’ compensation insurance that provides specific benefits to workers injured during the course of their employment and shields employers from civil suits…

Legal Insider: Be Wary of Non-Compete Agreements for Independent Contractors in Virginia 

Dog taking a loyalty oath

From ARLnow.com, Kimberly H. Berry discusses the challenges of non-compete agreements for independent contractors. Kimberly writes: One of the main problems with requiring independent contractors to sign non-compete agreements is that independent contractors are different types of workers. An independent contractor is essentially its own business. Generally, an employer cannot compel an independent contractor, which is…

Virginia’s ongoing efforts to address employee misclassification by construction contractors 

construction site

  From Lexology, John R. Lockard discusses Virginia’s efforts to limit employee misclassification in construction.  John writes: For several years, Virginia has been endeavoring to address employee misclassification in the Commonwealth, particularly in the construction industry. In a 2014 Executive Order, the Governor raised concerns that contractors who misclassify employees as “independent contractors” were depriving the Commonwealth…

OSHA Targeting “Contractor” Designations in Virginia 

Map of Virginia

From JDSupra, Courtney Malveaux discusses a recent action by the Virginia Department of Labor and Industry that empowered its inspectors to make classification decision while inspecting a worksite for an Occupational Safety and Health Act (OSHA) purposes.  Courtney writes: Just this summer, the agency empowered its non-attorney inspectors to make a legal determination during inspections:…

Virginia to crack down on employers who misclassify workers

Virginia

From Safety and Health Magazine, an article describes how Virginia’s Department of Labor and Industry is focusing on workers who might be misclassified as independent contractors.  The article reports: “Virginia’s occupational safety and health program (VOSH) is cracking down on employers who misclassify some workers as independent contractors. Misclassification of employees as contractors or subcontractors…

Virginia & North Carolina Launch New Initiatives on Misclassification of Employees as Independent Contractors

Virginia and North Carolina

From, JDSupra, D. Earl Baggett, Edward Schenk III and Amanda Weaver of Williams Mullen report initiatives in Virginia and North Carolina to address the misclassification of workers as independent contractors instead of employees.  They discuss some of the factors that help determine if a worker is an employee or independent contractor and then write about…

ASK Score: Independent contractor or employee?

From the Richmond Times-Dispatch: Learning Center — “The question of who is an independent contractor seems to be a constant source of confusion among many small businesses. One popular notion is that if an individual signs an independent contract agreement, the general contractor or employer has nothing to fear from the Internal Revenue Service. Such an agreement…

Gov. McAuliffe Signs Executive Order Establishing Inter-Agency Task Force on Worker Misclassification

From NBC29 WVIR Charlottesville, VA News, Sports and Weather — “Office of Governor Terry McAuliffe Press Release … “Every Virginian who works hard and follows the rules should get the pay and benefits that they deserve,” said Governor McAuliffe “This executive order will begin a process to ensure that employers throughout the Commonwealth follow the same rules…