From JDSupra, Brett Anders and Carlyle Edwards-Balfour discuss a recent case in which an employer was liable for the actions of a non-employee. Companies that engage with independent contractors should be aware that they might be liable if their actions constitute harassment. Brett and Carlyle write: The court dismissed all claims except the claims of: (1) hostile work…
MBO Partners provides excellent advice on how to avoid a misclassification audit: Improve independent contractor satisfaction at your company and minimize the risk of a misclassification audit with these five tips. 1. Conduct an Internal Audit of Worker Classification Practices Conducting an internal audit can provide you with an in-depth understanding of your current classification practices and…
From the LA Times, Stormy Daniels argues against the Dynamex decision and that exotic dancers should be independent contractors and not employees. She writes: Performers in the adult entertainment industry often want anonymity. Today I’m very public about the nature of my work, but that has not always been the case. When I started dancing, I…
MBO Partners provides excellent guidance for engaging with independent workers: 1. Legally speaking, engaging an independent contractor is different than hiring an employee. Today’s regulatory environment for independent contractor engagement is complex. By law, independent contractors represent a different category of worker and there are different laws that govern how they can be engaged and treated…
From JDSupra, Richard Reibstein discusses the recent case which reversed a District Court decision and said that insurance agents were independent contractors. Richard writes: the U.S. Court of Appeals for the Sixth Circuit, based in Cincinnati, Ohio, reversed the district court and held that insurance agents serving American Family policyholders were properly classified as independent contractors under…
From Lexology, William J. Kishman discusses the recent decision by the National Labor Relations Board (NLRB) to adopt the test for determining if a worker is an independent contractor for purposes of the National Labor Relations Act (NLRA) that was in place before a test adopted during the Obama administration. William write: On January 25, 2019, the…
On January 25, 2019, the National Labor Relations Board (NLRB) announced it was overruling a 2014 decision that modified the test for determining if a worker was an independent contractor and adopted a test that diminished the importance of an independent contractor’s entrepreneurial opportunities. The NLRB stated: Today, the National Labor Relations Board returned to…
From the Claims Journal, Joyce Rosenberg reminds companies who use independent contractors to make sure that they are properly classified. Joyce writes: Small business owners who want to use independent contractors need to be sure these workers really aren’t employees. Federal and state government agencies are on the lookout for businesses that use independent contractors,…
Integrated General Counsel, p.c. shares their recommendation for what to include in an independent contractor agreement for an independent contractor working in California: In California, workers are presumed to be employees unless the employer can prove that the worker is an independent contractor. Having an independent contractor agreement can help an employer or worker show…
MBO Partners discusses some of the complexity of classifying workers properly as employees or independent contractors and offers guidance on how to reduce the risks of misclassifying workers. The Complications of Worker Classification Defining whether or not a worker is an independent contractor or an employee can be complicated. If you dig into the nuances of the laws,…