California: When is an Independent Contractor Actually an Employee?

From Rukin Hyland Doria & Tindall LLP — “The U.S. Department of Labor has published a worksheet that describes the factors that courts generally consider under the Fair Labor Standards Act when determining whether an employment relationship exists.  These include: 1) The extent to which the work performed is an integral part of the employer’s business; 2) Whether the worker’s…

Independent contractor or employee: Who is working for you?

From Crain’s Detroit Business — “The IRS recently developed a three-part test to determine whether a worker should be classified as an independent contractor or an employee. The test considers all information that illustrates the company’s degree of control and the worker’s degree of independence. The three categories consist of 1) behavioral control; 2) financial control and…

See No Harassment, Hear No Harassment? Not Anymore: The Fourth Circuit Holds Employer Liable for Third-Party Harassment

From Seyfarth Shaw — “an employer may be liable for third-party, non-employees who create a hostile work environment if (a) the employer knew or should have known of the harassment; and (b) failed to take prompt remedial action reasonably calculated to end the harassment.  While the U.S. Supreme Court has yet to decide this issue, the Fourth Circuit joins the…

Another Logistics and Delivery Company Found to Have Misclassified its Drivers as Independent Contractors

From the  Independent Contractor Compliance and Misclassification Legal Blog — “The Ninth Circuit set forth the governing law in California that the “right to control work details is the most important or most significant consideration.” In determining which work details are important, the Court stated that the key are those details that relate to control over “the…