About the author
Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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Category Archives: Independent Contractors
As the repercussions of the California Labor Commission’s June 2015 ruling in Uber v. Berwick that an Uber driver was an employee and not an independent contractor continue to unfold, state legislatures and agencies are continuing to drive a renewed … Continue reading
U.S. Department of Labor Expands State-Level Partnerships to Enforce Employee Classification Standards
On August 13, 2015, the U.S. Department of Labor announced the formal signing of a three-year Memorandum of Understanding (MOU) between DOL and the Alaska Department of Labor and Workforce Development for the purposes of sharing information and coordinating law … Continue reading
The summer of 2015 continues to be a busy time for federal agencies with responsibility for regulating employment matters. The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) issued new interpretations of key employment principles that are … Continue reading
California’s Uber Decision Deepens the Employee vs. Independent Contractor Debate in Emerging Industries
On June 3, 2015, the California Labor Commission found that a driver for the wildly popular ride-hailing service Uber was in fact operating as an employee, and not as an independent contractor, making her eligible for reimbursement of work expenses … Continue reading
U.S. DOL and New York Sign Agreement to Reduce Misclassification of Employees as Independent Contractors
New York State Labor Department and Attorney General have signed a memorandum of understanding with the U.S. Department of Labor to increase enforcement efforts against employers suspected of misclassifying workers as independent contractors. More after the break.
California Court of Appeal Affirms Summary Judgment that District Manager Was Properly Classified as an Independent Contractor
In Beaumont-Jacques v. Farmers Group, Inc., the California Court of Appeal recently addressed the issue of whether affiliated insurers properly classified a district manager as an independent contractor rather than an employee. The Court of Appeal held as a matter … Continue reading
On January 11, 2013, the DOL requested comments on a public survey designed to look at worker classification and gain an understanding of workers’ knowledge of employment laws regarding classification of workers as employees or independent contractors. More after the … Continue reading
California Supreme Court Grants Review of Case Holding that Franchisor May be Liable for Conduct of Franchisee in FEHA Action
The California Supreme Court has granted review in a case of significant interest to franchisors. In Patterson v. Domino’s Pizza, LLC, 207 Cal.App.4th 385 (June 27, 2012), a California Court of Appeal reversed the grant of a franchisor’s motion for summary … Continue reading
The Department of Labor has signed a memorandum of understanding (“MOU”) with the Internal Revenue Service (“IRS”) that is intended to end the business practice of misclassifying employees as exempt from federal labor laws. In addition, agency leaders of Connecticut, … Continue reading
The U.S. District Court for the Eastern District of Virginia has issued an opinion on an employer’s motion for summary judgment in a discrimination case under the Americans with Disabilities Act (“ADA”). The decision is interesting because it involves the … Continue reading
According to a news release, the U.S. Department of Labor has proposed a $50 million budget to focus on worker misclassification as independent contractors in 2012. More after the break.
The Virginia Court of Appeals recently held in Creative Designs Tattooing Associates, Inc. v. Estate of Earle Lindsey Parrish, III that a tattoo artist was an independent contractor, and not an employee, in a suit claiming benefits under the Virginia Workers’ … Continue reading
With an extremely consumer friendly title, the IRS has provided guidance this summer on the proper classification of employees vs independent contractors — IRS Summertime Tax Tip 2009-20. More after the break.
In FedEx Home Delivery v. NLRB, the D.C. Circuit held that the correct standard for determining whether a worker is an independent contractor or an employee is the “entrepreneurial test” announced in a previous decision by the court. The court … Continue reading
A recent newsletter we received suggests that the increasing financial pressure on state governments will cause heightened scrutiny of independent contractor classifications in the new year. More after the break.