Years ago, I wrote short blog on the question of whether Santa’s elves were employees or independent contractors. With California adopting Massachusetts’ ABC test for determining if a worker is an employee or independent contractor, I thought I would revisit the question using the ABC standard to see if the elves would be considered employees…
From JDSupra, in the November 2018 Independent Contractor Misclassification and Compliance News Update, Richard Reibstein discusses the NFL’s success in compelling arbitration with former security representatives. Richard writes: The National Football League successfully obtained an order granting its motion to compel arbitration of claims by nine former security representatives alleging violations of the Employee Retirement Income Security…
Colorado Governor’s Task Force on Employee Misclassification delivered its report and recommendations to the Governor on December 7, 2018. The recommendations include increased cooperation among government agencies, tougher penalties, increased outreach, and more education. The press release states: Governor’s Task Force on Employee Misclassification Issues Recommendations DENVER — Friday, Dec. 7, 2018 — The…
From JDSupra, Brian Wacker discusses a case before the United States Supreme Court that may determine if independent contractors in the transportation industry will have to arbitrate claims or not. Arbitration clauses in agreements with independent contractors provide companies with significant protections because they can engage with independent contractors without risking class action misclassification lawsuits.…
From ROI-NJ, Alex Wolmart reports on an event at with Patricia Smith, formerly Solicitor of Labor in the Obama Administration, provided her recommendations for addressing misclassification. Alex writes: She said interagency, coordinated enforcement; data sharing; a robust public and press outreach strategy; agency cross-training and joint employment; criminal referrals in appropriate cases; and required reports to either…