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1. New, Different, Dramatic? The Labor Department’s New Guidance on Independent Contractor Misclassification Is Nothing New Legally, But Will Reinvigorate the Crackdown on the Proliferating Use of Contractors From the Independent Contractor Compliance and Misclassification Legal Blog, Richard Reibstein provides an excellent analysis of the recent Administrative Interpretation issued by the United States Department of Labor Wage and Hour Division.  He writes: “But a close examination of the Interpretation reveals that, legally, it contains nothing new, different or dramatic. In fact, the new Interpretation…More →...
2. Appeals Court Reaches Same Conclusion as DOL on Independent Contractors From TLNT, Eric B. Meyer reports on decision in a case in the federal Court of Appeals in Philadelphia that looked at whether a worker was an employee or independent contractor.  The worker was an engineer who worked 40+ hours per week for a company servicing and installing its machines at different job sites.  Eric observes…More →...
3. Employee Vs Independent Contractor 4 Tests To Determine An Employment Relationship From Assurance Agency: Insurance Brokerage — “There are 4 common tests to determine an employment relationship.  Employers should be aware that state and local variations of these tests also apply to any given situation.  The recurring theme in all these tests is control, and in different ways, they all seek to determine the amount of control that…More →...
4. Why Are We Still Calling WWE Superstars Independent Contractors? From UPROXX, Austin Heiberg asks why WWE wrestlers are treated as independent contractors when many elements of their relationship more closely resemble an employer-employee relationship.  Austin writes: A while back, I was poking around and I came across a study recently published by the University of Louisville Law Review. By utilizing a 20-point test used by…More →...
5. More from Nathan S. Gibson Grit, Initiative, Creative Problem Solving — Nathan writes and shares articles on grit, initiative and creative problems solving Nathan S. Gibson’s profile – Staffing and Recruiting Job Search Infographics — Nathan collects and shares infographics that may help you with your job search Massachusetts Staffing Law – Nathan collects and shares content relating to laws relevant to staffing…More →...
6. In the News In search of job security, millions turn to freelancing — CNBC, March 2016   Five Ways Employers Can Better Manage Contingent Workers — The Staffing Stream, September 1, 2015   the right to control is the wrong standard for determining employment status — Randstad Sourceright, January 2015   The Fair Labor Standards Act: an Rx for classifying…More →...