Worker Misclassification

Fifth Circuit Holds That the Company in Class Action Waived Its Right to Arbitrate Because of Litigation Conduct 

From JDSupra, John Lewis  discusses how a party may waive its right to compel arbitration if it substantially invokes the judicial process or acts in a way that causes prejudice to the other party. John writes: The Appellate Analysis Not unexpectedly, the appellate court found two requirements for waiver in its circuit – first, that a…

MBO Partners® and Taxfyle Announce Partnership to Streamline Tax Filing Process for Independent Contractors 

federal tax forms

MBO Partners and Taxfyle announced a partnership that will enable independent contractors working with MBO to take advantage of Taxfyle’s tax filing services.   MBO Partners®, the nation’s largest provider of business services for independent contractors, today announced a partnership with Taxfyle to provide MBO’s robust network for independent professionals year-round complete tax care, from…

Oregon courier service to pay $3.2 million in driver IC misclassification case

Staffing Industry Analysts (SIA), the global advisor on staffing and workforce solutions, reports that a courier service in Oregon misclassified drivers and was required to pay $3.2 million for damages. SIA reports: A federal court ordered the owner of a Portland, Ore.-based courier service to pay $3.2 million for failing to pay minimum wage and overtime…

1099 vs. employee: Why the difference matters when you hire a caregiver

caregiver

From Care.com | HomePay, Erik Johnson says that most cases, nannies and other in-home caregivers should be considered employees and not independent contractors. Erik writes: While you may think of your nanny or in-home caregiver as more of an independent contractor than employee, the fact of the matter is the government usually thinks otherwise. In…

“He was an independent contractor when he went up that ladder, but he became a covered employee on his way back down.”

man falling off a ladder

  From WorkersCompensation.com, Robert Wilson discusses a common risk with engaging with independent contractors — if they get hurt they allege they were misclassified.– and coins a great phrase in the process. Robert writes: To paraphrase an old saying, “What goes up must be covered when it falls down.” This would, apparently, be very true in the…

Why You Need To Have Commercial Insurance For Your Home-Based Business

insurance benefits

  From Rush PR News Wire, Veritas Language Solutions shares recommendations for insurance for home based business. Insurance is important for all independent contractors because it demonstrates independent and financial investment in their business. But beyond that, it is important to protect clients in the unlikely event of a loss. Here is some of Veritas Language Solutions‘ guidance:  Liability…

3 Questions to Help You Determine if You are being Misclassified

Optimized-rawpixel-682403-unsplash man talking to a woman

From ClassAction.com, Cheryl Bowman discusses three questions that might indicate an independent contractor is misclassified. These questions are a good starting point for examining whether a relationship is an employer/employee or independent contractor relationship. Cheryl writes: 1. How Much Control Do You Have Over How You Complete Your Work? One of the major tell-tale signs…

Cell Phone Sales Representatives Settle Misclassification Claims

Optimized-rahul-chakraborty-460018-unsplash cell phone

  From the Independent Contractor Misclassification and Compliance Legal Blog, Richard Reibstein reports a settlement between outside sales representatives and the cell phone sales company for whom they worked. Richard writes: A California federal court has approved a settlement of a proposed class and collective action by sales representatives against cell phone marketing company, Open Door Marketing,…

Consultant “Coaches” Able to Proceed with Misclassification Lawsuit

Optimized-arthur-edelman-474009-unsplash hockey coach

  From JDSupra, Richard Reibstein discusses a case in which a company was denied summary judgment on claims that coaches of a business that provided coaching and consulting services were misclassified as independent contractors. Richard writes: ENERGY AND PETROCHEMICAL SERVICES COMPANY IS NOT ENTITLED TO SUMMARY JUDGMENT IN IC MISCLASSIFICATION COLLECTIVE ACTION BY CONSULTING “COACHES”.  An…

Corporate Entities May Be Considered Employees Under the FLSA

Articles of incorporation

  From Shawe Rosenthal,  Fiona W. Ong reports on a case where individuals who formed corporations were found to be employees under the Fair Labor Standards Act. Fiona writes: Individuals who created corporate entities that then performed work for a company as “franchisees” were nonetheless found to be employees under the Fair Labor Standards Act, according to…