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…

More Exotic Dancers’ Misclassification Suits Dispute Clubs’ Business Model

From Bloomberg BNA —  “[C]ourts evaluating exotic dancers’ misclassification cases typically examine the business relationship itself, rather than relying solely on labels the parties choose to characterize their agreement. Much of the time, courts give great weight to the amount of control a club has over work schedules and conditions, especially in Fair Labor Standards Act lawsuits…

Gov. McAuliffe Signs Executive Order Establishing Inter-Agency Task Force on Worker Misclassification

From NBC29 WVIR Charlottesville, VA News, Sports and Weather — “Office of Governor Terry McAuliffe Press Release … “Every Virginian who works hard and follows the rules should get the pay and benefits that they deserve,” said Governor McAuliffe “This executive order will begin a process to ensure that employers throughout the Commonwealth follow the same rules…