As the employer mandate approaches, companies must consider their worker classification practices

From ICon Professional Services’ Blog — “As pointed out by a recent article on Lexology, even organizations that work with independent contractors may still be required to abide by the mandate, if the IRS considers these workers to be “common-law employees.” It is crucial that companies get this count right because of the way the law operates. As it currently…

California Supreme Court Holds Independent Contractor Misclassification Claims Can Be Determined by Common Proof – But Only in Certain Circumstances

From  Littler Mendelson — [note:  this is the best article I’ve seen on the Ayala v. Antelope Valley Newspapers, Inc. case.] “California Businesses Retaining Contractors Can Reduce Their Exposure For other class actions in the pipeline or yet to be brought, plaintiffs’ counsel no doubt will argue that the California Supreme Court decision supports class certification, at…

Top 9 Misconceptions of Independent Contractor Engagement

  From BusinessTips.com — Some of the misconceptions are   “Some companies take a hard line on qualifying independent contractors. If a potential contactor fails just one of the qualification criteria, the company will not hire the worker. It is a mistake to hinge your independent contractor engagement on a single criterion….   Compliance by self-incorporation. Hiring…

Independent Contractor or Employee? | Shaw & Associates

From Shaw & Associates — “The following three categories of facts that provide evidence of the degree of control and independence should be considered when making the determination: Behavioral- does the business control or have the right to control what the worker does and how the worker does the job? Financial- are the business aspects of the…

California Court of Appeal Enforces Contractor’s Agreement to Arbitrate Misclassification Claims Out of State

From the National Law Review — “This case is important for two reasons:  (1) the court upheld an arbitration agreement between a Seattle-based company and a California plaintiff challenging his status (and that of the putative class) as an independent contractor (v. employee), even though the agreement provided for the application of Washington law and…