Illinois misclassification act claim fails; bona fide corporation, not owner, performed services

From Employment Law Daily — A rare case when a worker was found to be an independent contractor in Illinois.  The appeals court agreed with the trial court that services were provided by a bona fide corporation and denied the corporation’s owner’s claim for misclassification. “Pursuant to the Act’s regulations, “an individual performing services” does not include…

What The Rise Of The Freelance Economy Really Means For Businesses

From Forbes — “Where Is The Labor Market Headed? As someone who has spent my entire career building disruptive labor technology,  I have become familiar with the movements in labor markets.  And there’s a big one happening now.  Here’s the course I predict in the next 2-4 years: A independent contractor population continuing to grow…

3 Legal Precautions in Hiring Freelancers

From Entrepreneur.com — “From marketing to graphic design, entrepreneurs rely heavily on freelancers to fill many of their business needs. Currently 1 in 3 Americans who are working (roughly 42 million) are estimated to be freelancers and within the next six years freelancers are expected to comprise more than half the full-time workforce. With entrepreneurs relying more…

Should Freelancers Get Workers’ Comp Insurance?

From Businessweek —  “Many states determine workers’ comp liability by applying an IRS test that determines whether someone working for a company should be classified as an independent contractor or as an employee. Very generally, it measures how much control the employer has over the freelancer’s work schedule. If that test shows that your independent contractors should…

NJ relies on ABC Test to determine if a Worker is an Employee or Independent Contractor

From WestlawNext (subscription required) —  The Superior Court of New Jersey, Appellate Division said “The Unemployment Compensation Law (UCL), N.J.S.A. 43:21–1 to –71, provides that employment is “service performed on or after January 1, 1972 … for remuneration or under any contract of hire, written or oral, express or implied.” N.J.S.A. 43:21–19(i)(1)(A). The UCL has been interpreted…