Worker Misclassification

Florida-based Power Designs sued by D.C. for allegedly cheating workers out of pay, benefits –

Washington DC

  From the Washington Business Journal, Katishi Maake  reports that Washington DC is suing a contractor for misclassifying workers. Katishi writes:  The District is suing Florida-based electrical contractor Power Designs Inc. for allegedly misclassifying more than 500 employees as independent contractors, stripping them of thousands of dollars in wages and benefits. The lawsuit filed Monday in D.C. Superior Court…

Employee Misclassification Penalties 

  MBO Partners provides an excellent overview of the penalties for misclassifying workers as independent contractors: Legal Compliance There are a variety of tests that exist to determine whether or not a worker should be classified as an employee or an independent contractor. The federal government, state government, and government agencies all apply different tests to…

DOL Signals Return to Historical Test to Decide Worker Classification 

care worker with older man

  From TLNT, Tammy D. McCutchen, Angelo Spinola, Theresa M. Waugh and Jessie M. Brown discuss the new Field Assistance Bulletin (FAB) issued by the United States Department of Labor (DOL).  They write: Returning to its historical approach, the DOL in the new FAB states it will consider the “totality of the circumstances to evaluate whether an employment relationship exists” and…

Trump Administration DOL Issues First Substantive Guidance on Independent Contractors 

home caregiver

  From Littler Mendelson, Tammy D. McCutchen, Angelo Spinola, Theresa M. Waugh, and Jessie M. Brown discuss the recent Field Assistance Bulletin (FAB) issued by the United State Department of Labor (DOL). They write: The Wage and Hour Division of the Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) on Friday, July 13, 2018, titled “Determining Whether Nurse…

US independent workforce rises 2.2% this year to 41.8 million: MBO Partners

independence projected growth

    Staffing Industry Analysts discusses MBO Partners The State of Independence in America report saying: The US independent workforce — which includes consultants, freelancers, contractors, temporary and on-call workers — will rise to 47.8 million over the next five years, representing a 2.6% annual growth rate, according to MBO Partners’ new “2018 State of…

Infographic: The state of independent workers 

MBO_Partners_Infographic_SOI_2018

  From BenefitsPro, Emily Payne shares an infographic with terrific information from MBO Partners The State of Independence in America report. Read the full story at Infographic: The state of independent workers | BenefitsPRO Related posts: 6 Questions Enterprises Must Answer to Attract Top Independent Talent      From MBO Partners, John Piazza discusses how companies can attract…

Oil and Gas Industry has become a Prime Target for Independent Contractor Misclassification Lawsuits

Oil well and sunset

  From the April and May 2018 Independent Contractor Misclassification and Compliance News Update ,  Richard Reibstein discusses recent misclassification lawsuits in the oil and gas industry. Richard writes: In our blog post of May 4, 2018, we highlighted four recent cases within the oil and gas industry: a Colorado rig welder brought a class action for IC misclassification…

Employee Misclassification Second Look In Seventh Circuit

Handyman chaulking a window

  From The National Law Review, Hannesson Murphy discusses a recent 7th Circuit Court case in which the court applied the economics realities test and found that a general laborer was an employee. Hanneson writes: A decision by the Seventh Circuit last week, Simpkins v. DuPage Housing Authority, appears to be the latest in that trend.  In the…