From Forbes, Eric Bachman discusses the lack of protections for gig workers in most employment laws but also offers one avenue for some protection for independent contractors under a statute passed after the Civil Wary. Eric writes: One potential source of protection for gig workers is a law originally passed over 150 years ago in the…
From the April and May 2018 Independent Contractor Misclassification and Compliance News Update, Richard Reibstein, reports that the Nation Labor Relations Board (NLRB) is considering whether misclassifying workers as independent contractors violates the National Labor Relations Act. Richard writes: The NLRB has received numerous Amici Curiae (Friends of the Court) briefs regarding under what circumstances,…
From WebdesignerDepot, Dottie Chong shares some great information about cases of classification of workers in other countries. Dottie writes: In the case of Uber in the UK, Judge Anthony Snelson wrote in the ruling, “the notion that Uber in London is a mosaic of 30,000 small businesses linked by a common ‘platform’ is to our minds…
From Forbes, Gene Zaino provides excellent guidance on how to mitigate risks when working with independent contractors. Gene writes: Three of the most common risks employers will encounter are misclassification, audits and liability. Here’s the rundown on contractor risk and simple first steps your organization should take to stay compliant. Misclassification While we tend…
From Bloomberg, Josh Eidelson reports that leading Democrats are proposing legislation to support workers’ ability to organize even if the workers are independent contractors. Josh writes: Leading Democrats are proposing a labor law overhaul that could extend collective bargaining rights to huge swaths of the gig economy, the latest sign of gathering blowback for companies committed…
From JDSupra, Isabel Crosby provides an excellent overview of the tests for classifying workers as employees or independent contractors and the offers recommendations for the best practices for engaging with independent contractors. Isabel writes: UNDERSTANDING THE DIFFERENCES BETWEEN CONTRACTORS AND EMPLOYEES Companies engaging workers must consider the jurisdictions and laws applicable to their workers in…
From Lexology, Eric G. Ruehe and David D. Kadue discuss a case in which the client of a staffing agency was able to benefit from a settlement agreement that the staffing agency entered into with workers. They write: The Facts The Plaintiffs, Andrew and David Castillo, worked for GCA Services Group, Inc., a temporary staffing agency that places…
From Fisher Phillips, Richard Meneghello reviews the key factors in the recent decision that said UberBLACK drivers were independent contractors. Richard writes: 3. Uber did not have a “right to control” drivers to render them employees The first factor just about any court will look to in determining whether a gig worker is an employee or…
From JLK Rosenberger, Ken Kathcart discusses how to have the IRS make a determination as to whether a worker is an employee or independent contractor. Ken writes; Your company can check on a particular worker’s classification, according to the IRS, by filing optional IRS Form SS-8, “Determination of Worker Status for Purposes of Federal Employment Taxes…
From JDSupra, Susan Lessack discusses the decision that UberBLACK drivers were independent contractors. The drivers operated their own transportation companies and their agreement with Uber said that the drivers were employees of the transportation comapny. Susan write: On April 11, Judge Michael Baylson of the U.S. District Court for the Eastern District of Pennsylvania became the…