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…
From Fox & Hounds, Chris Micheli argues that the California legislature should define the standard for classifying a worker as an employee or independent contractor and not the California Supreme Court. Chris writes: With such a seismic shift in California’s employment law, it is the elected branch of government that should utilize the legislative process to…
Jaburg Wilk reviews the difference between an employee and independent contractor and reviews various standards including Arizona’s “right to control” standard. Employee or Contractor? The only problem is you likely can’t get away with it. You can’t call an employee an independent contractor if the employee is not really an independent contractor – if it looks…
From PR Newswire, a report of misclassification of workers in a nail salon in California. OAKLAND, Calif., July 30, 2018 /PRNewswire/ — The Labor Commissioner’s Office issued more than $1.2 million in wage theft citations to a Temecula nail salon for misclassifying and failing to properly pay 36 workers. An investigation found that the workers…
From Lexology, Christopher C. Murray offers a checklist for arbitration agreements in employment agreements. Here is part of Christopher’s list: In adopting a class action waiver in an employment arbitration agreement, an employer may want to consider the following: How broad should the waiver be? Should it exclude class actions; collective actions; representative actions; group…