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…

A company may be liable for the actions of an independent contractor under a theory of apparent agency

From  WestlawNext —  A company may be liable for the actions of an independent contractor if it represents that the independent contractor is its servant or agent The court said:  “As applied by Maryland courts, the doctrine of apparent agency can be expressed in three elements: 1. Did the apparent principal create, or acquiesce in, the appearance that…

States Clamping Down on Workers Mislabeled as Contractors

From Bloomberg – “When construction slowed during the recession, some companies hired workers and wrongly designated them as independent contractors to avoid paying insurance, taxes, fair wages and overtime. Danny Odom, chief operating officer of Odom Construction Systems, Inc. in Knoxville, Tennessee, says he wouldn’t even though the decision put the company of about 225 employees at…

Freelancers Union Wants to Be Your HR Department

From Businessweek — “Beginning this fall, [Freelancers Union] will help members in all 50 states buy health insurance. It will also use the collective purchasing power of its 233,000 members to negotiate better deals on other benefits, including retirement plans and dental, disability, liability, and life insurance, Freelancer Union executive director Sara Horowitz said in…

Independent contractor misclassification costs Colorado employer $2 million

From HR.BLR.com — “This case illustrates the risks involved in classifying workers as independent contractors when you treat them like employees. The evidence alleged by the flow testers, including the company’s control and direction over the time, manner, and location of their work, their hourly pay, required adherence to company work rules, mandatory attendance at…