From Lexology, Epstein Becker Green reminds everyone that New York’s Stop Sexual Harassment in NYC Act is now effective and includes rules for independent contractors: The Stop Sexual Harassment in NYC Act is now in effect. New York employers must provide annual anti-harassment training for their workers, and there are specific rules that apply to…
From JDSuupra, Richard Reibstein discusses the proposed joint employment rule and the impact on claims that independent contractors were misclassified. Richard writes: Companies that operate their businesses on an independent contractor model or supplement their workforce with ICs are likely to be asking, “Does the proposed new joint employer regulation issued by the U.S. Department…
From Little Mendelson P.C. Tammy D. McCutchen, Maury Baskin. and Michael J. Lotito discuss the United States Department of Labor’s (DOL) proposed test for determining if a company is a potential joint employer. They write: In its April 1 NPRM, the DOL proposes a four-factor test for determining joint employment under the FLSA. The DOL will…
While being incredibly funny discussing the World Wrestling Entertainment (WWE), John Oliver also spends some time incredulously discussing how wrestlers are classified as independent contractors. Source: WWE: Last Week Tonight with John Oliver (HBO) Related posts: New, Different, Dramatic? The Labor Department’s New Guidance on Independent Contractor Misclassification Is Nothing New Legally, But Will Reinvigorate the…
MBO Partners proves terrific guidance on how to mitigate the risks of working with independent contractors: 1. Clearly Define the Status of All Workers Clearly defining worker status is an important first step in ensuring compliance. Without a clearly defined employment status, your company may be vulnerable to an IRS audit. With W-2 employees, for example,…
From The CPA Journal, Frank Messina, DBA, Bruce P. Ely, Lisa-Ann Polack, and Marena Messina provide an excellent overview of the process, tests and penalties associated with misclassifying workers as independent contractors and they provide their recommendations in a comprehensive article. They write: Classifying a worker as an employee or an independent contractor has a significant effect on…
From the February 2019 Independent Contractor Misclassification and Compliance News Update, Richard Reibstein reports that oil well and drill site managers reached a settlement of their misclassification claims with Chevron Corporation. Richard writes: Well and drill site managers providing services in states including California, Texas, New Mexico and Oklahoma, have reached a $3.2 million settlement with…
From JDSupra, Richard Reibstein compares the recent settlements of misclassification lawsuits reached by Uber and Swift. Richard writes: As reported in our blog post on April 22, 2016, Uber Technologies had reached a $100-million dollar proposed settlement with about 385,000 drivers in California and Massachusetts; $84 million was guaranteed and another $16 million would be added if…
From Land Line Mag.com, Mark Schremmer reports that Swift Transportation Company settled a misclassification lawsuit with drivers after the United States Supreme Court issued the New Prime v. Oliveira, decision saying that companies can’t compel truck drivers to arbitration claims because they were exempt from the Federal Arbitration Act (FAA). Mark writes: Swift has agreed…
From TechCrunch, Megan Rose Dickey reports on the $20 million settlement that Uber reached with its drivers in a misclassification lawsuit. Megan writes: Today, Uber agreed to pay $20 million to settle the class-action lawsuit, brought forth by Douglas O’Connor and Thomas Colopy way back in 2013. This comes after a judge rejected Uber’s offer to…