Misclassification of Independent Contractors: A Challenge for Massachusetts Companies in the Delivery, Taxi, and Livery Sectors

From The National Law Review  — “Although Massachusetts uses a seemingly straight-forward, three-prong test sometimes referred to as the ABC Test to determine whether an individual is properly classified as an independent contractor, Massachusetts is regarded as having one of the most – if not the most – restrictive statutes in the United States. Specifically, the…

Ninth Circuit Reverses District Court, Rules FedEx Drivers in California and Oregon are Employees

From the Employment Law Spotlight  – “The driver-as-independent-contractor model has been under attack for years, with federal and state governments and putative class litigants alleging that drivers, in many instances, are misclassified and should be considered employees under applicable law.  The challenge for all parties in these disputes is that the standards for determining whether someone…

Earthquake in the Independent Contractor Misclassification Field: Changed Landscape Following Serious Legal Blow to FedEx Ground by Federal Appellate Court

From the Independent Contractor Compliance and Misclassification Legal Blog  — “FedEx Ground has been at the epicenter of the crackdown on IC misclassification by government regulators, state legislators, and plaintiffs’ class action lawyers since 2007, when a California appellate court found single-route FedEx Ground delivery drivers to have been misclassified as independent contractors ICs instead…

Newspaper carrier is independent contractor

From Lexology — “Owen v. Tennessee Valley Printing Company, Inc., No. 2130139 (Ala. Civ. App. 2014) (holding that newspaper deliverer was independent contractor and not agent of newspaper company). Tennessee Valley Printing Company, Inc., d/b/a The Decatur Daily (“TVPC”) utilizes independent contractors to deliver newspapers for The Decatur Daily. Carolyn Johnson (“Johnson”) entered into a contract with TVPC…

Freelance Workers Are Our Future. So Why Are We Penalizing Them?

From New Republic — “Rather than second-guessing the relationships between businesses and independent contractors and meddling in their financial arrangements, we should simply require independent contractors to register their “business” with the IRS and state agencies. This would assure greater transparency for both businesses and governments. We could also develop income withholding and tax reporting norms that…