Tag Archives: Independent Contractors

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.

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Contractor Found Not To Be Employer Of Subcontractor

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

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California Penalties Of $72,000 Affirmed For Failure To Provide Adequate Pay Stubs

The California Court of Appeal, Sixth District, recently held that employers who intentionally issue defective wage statements, or who skip issuing them on purpose, will not qualify for the statutory leniency set out in California Labor Code section 226.3.  In … Continue reading

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Virginia Court of Appeals Finds Tattoo Artist To Be Independent Contractor

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

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New Maryland Law On Independent Contractors

A new Maryland law (the Workplace Fraud Act of 2009 (HB 819) — a copy of the statute is here), set to take effect on October 1, 2009, was designed to prevent the misclassification of employees in the construction and landscaping … Continue reading

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IRS Offers Tax Tips On Worker Classification

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.

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4th Circuit Issues Borrowed Servant Decision

In Ladd v. Research Triangle Inst., the Fourth Circuit addressed the borrowed servant doctrine under the Longshore and Harbor Workers’ Compensation Act (LHCWA).  More after the break.

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D.C. Circuit Reverses NLRB On FedEx Independent Contractors

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

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Crackdown On Misuse Of Independent Contractor Classification

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.

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Top Ten Issues In Employment Law For HR Professionals In Virginia in 2008: #1

We will be posting over the next week the top ten developments in employment law for HR professionals in Virginia in 2008.  The list is in no particular order.  Topic number 1 is: “Pay Your Taxes,” and Misclassification Of Employees … Continue reading

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Joint Employers May Be Liable For FMLA Violations

The U.S. Court of Appeals for the Sixth Circuit recently issued a ruling with respect to the liability of joint employers under the FMLA.  The case is Grace v. USCAR and the opinion can be found here.  The case has … Continue reading

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New Class Certification Decision In FedEx Ground Litigation

The U.S. District Court for the Northern District of Indiana, responsible for handling the multi-district FedEx Ground independent contractor litigation, has issued a 164-page opinion on class certification.  The Class Action Defense Blog has a good summary as well as … Continue reading

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FedEx Independent Contractor Update

The Florida Employment Law Letter reports that the IRS has tentatively concluded for 2002 that FedEx ground drivers were employees and not independent contractors.  Click here for the article.

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Stakes Rise In Worker Classification Dispute

The Alaska Employment Law Blog has a post today on a Wall Street Journal article about Blackwater’s independent contractor squabble with the House Oversight Committee.  CNN also reports on Rep. Henry Waxman’s demand for information from Blackwater and his allegation that the … Continue reading

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Labor Shortages In Our Future?

Kiplinger.com reports in More Companies Struggle to Find Workers (Nov. 14, 2007) that the shortage of workers will become acute in less than a decade.  They advise employers to start planning now.  CNNMoney.com reported at the beginning of the year … Continue reading

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