Why I Believe In The Freelance Workstream

From Forbes — “The shift to freelancing is for sure a two-way street. Not only do individuals need to seek it out but businesses need to also see the value and the benefit. As I previously wrote about, there are complexities surrounding the shift to a freelance workforce. Freelancers open up an entirely new category…

Tutoring Company Misclassified Tutors as Independent Contractors in New York

From Independent Contractor Compliance and Misclassification Legal Blog.–  “TUTORING COMPANY FOUND TO HAVE MISCLASSIFIED TUTORS AS INDEPENDENT CONTRACTORS IN NEW YORK. A New York appellate court determined that a tutoring referral and billing company, Ivy League Tutoring Connection, misclassified tutors as ICs where the tutors provided in-home tutoring sessions to clients seeking assistance with school work…

What does the Affordable Care Act have to do with independent contractors?

From Lexology —  “The ACA incorporates the ERISA definition of an “employee” as “any individual employed by an employer.” (29 U.S.C. § 1002(6)).  However, this doesn’t clearly define the term “employee” for compliance purposes.  Final regulations refer to the common law “employee” definition of “right to control.”  (26 C.F.R. § 54.4980H-1(a)(7).)  The common law “employee” definition…

Were Oregon workers independent contractors or employees?

From HR.BLR.com — The Oregon Appeals court said: “that freedom from direction and control over the means of providing services signifies that a worker can determine which resources to use to perform the work and how to use those resources. Freedom from direction and control over the manner of providing services means a worker can determine…

It depends: the top 3 inherently gray areas of employment law – Lexology

From Lexology — William A. Nolan identified three gray areas of employment law including: “Is a worker an independent contractor or an employee? Is there any written agreement with the worker? Are there are other workers performing the same or similar tasks, and are they considered employees or contractors? How much direction is the worker receiving from the…