Todd Lebowitz

On this blog, we will explore the various legal standards used to determine Who Is My Employee? We will examine new developments, trends, changes in the law, strategies, tips, and whatever else comes to mind.

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Who Is My Employee?

Better Flow? Will New Bill Allow More Benefits for Independent Contractors — Without Risking Misclassification Claims?

By Todd Lebowitz

May 26, 2020

A Sheboygan man was recently sentenced to 150 days in jail and probation for repeatedly clogging women’s toilets with plastic bottles. According to the Sheboygan Press, the serial toilet clogger told police he gets urges to do odd things, like look for bottles in the garbage to plug toilets. I get urges to do odd things too, like scour local newspapers for stories like this one. But since I’m sharing this important knowledge with readers,…

Who Is My Employee?

Worried about ABC Tests? Here’s What You Have to Look Forward to.

By Todd Lebowitz

May 18, 2020

Recent coronavirus-related conversation in my house, after cancellation of planned spring break vacation, loss of kids’ summer internships, suspension of in-person college classes, and more than one day of snow in May: Lisa: This is getting ridiculous. We need something to look forward to. Me: 2021? It may feel like there’s not much to look forward to lately, but if you’re into watching state bills on independent contractor misclassification, I’ve got some exciting news for…

Who Is My Employee?

Not Your Ordinary Haircut: Does Your Sexual Harassment Policy Prohibit Harassment by Contractors?

By Todd Lebowitz

May 11, 2020

From the Library of Congress digital collection. This photo came with the description: “One of a series of images of a man harassing a woman as he cuts her hair.” Tip: don’t try this at home. There are (unfortunately) many ways to harass a woman, most without scissors. Harassment can be by supervisors or fellow employees, but sometimes it comes from independent contractors. Your company has a sexual harassment policy. Does it prohibit harassment of…

Who Is My Employee?

“Who Was That Masked Man?” It Could be Your Independent Contractor.

By Todd Lebowitz

May 4, 2020

From 1949 to 1957, The Lone Ranger ruled the airwaves. As recounted in the all-knowing wikipedia: “At the end of each episode, mission completed, one of the characters would always ask the sheriff or other authority, ‘Who was that masked man?’ When it was explained, ‘Oh, he’s the Lone Ranger!,’ the Ranger and Tonto would be seen galloping off with the cry, ‘Hi-Yo, Silver! Away!’ catching the attention of one of the townspeople crossing the…

Who Is My Employee?

Did a State Supreme Court Just Rewrite a Key Definition in Independent Contractor Misclassification Law?

By Todd Lebowitz

April 27, 2020

For businesses using independent contractors and concerned about misclassification claims, there hasn’t been too much to get mad about lately. As of last week, I’m just mad about saffron. (She’s just mad about me.) But a recent decision by the Pennsylvania Supreme Court may change that. The PA Supreme Court just took a commonly used phrase in Employee vs. Independent Contractor tests and gave it a new meaning. (Fun fact about change: If you…

Who Is My Employee?

Coronavirus & Getting Back to Work, in Four Pictures

By Todd Lebowitz

April 20, 2020

Socially irresponsible. Not someone I could do business with. Reckless, dangerous, thoughtless. Obviously these people are trying to kill me. Mask. Gloves. The ideal coworker? © 2020 Todd Lebowitz, posted on WhoIsMyEmployee.com, Exploring Issues of Independent Contractor Misclassification and Joint Employment. All rights reserved. Follow Blog via Email Enter your email address to follow this blog and receive notifications of new posts by email. Follow …

Who Is My Employee?

Your One-Stop COVID-19 Legal Resource Page

By Todd Lebowitz

April 13, 2020

That’s how I feel, right about now. COVID-19 has been keeping me incredibly busy, with all the new federal laws, regulations, guidance, state orders, and general mayhem. So I’m trying to follow my dog Zippy’s good example this weekend to get some rest. While I nap, please check out the expansive resource that our team compiled at BakerHostetler’s COVID-19 Resource page. See you soon. © 2020 Todd Lebowitz, posted on WhoIsMyEmployee.com, Exploring Issues of Independent…

Who Is My Employee?

When 500 Isn’t Necessarily 500: How to Count Employees Under the Families First Law

By Todd Lebowitz

April 6, 2020

As you know by now, the Emergency FMLA and Emergency Paid Sick Leave provisions in the Families First Coronavirus Relief Act apply only to employers with fewer than 500 employees. But lots of questions have arisen about how to count. For those who need help counting, here’s a helpful resource: But for those of you counting employees instead of bats, let’s try this instead. Question #1: Do temps count? Answer: Are we talking about feelings…

Who Is My Employee?

How Does the Families First Act Apply to Independent Contractors?

By Todd Lebowitz

March 23, 2020

Hungry for more COVID-19 info? I can help with that, but if your hunger pangs are for something more exotic — say, deep-fried bull testicles — I’m sorry to say you’re out of luck. Deerfield (Mich.) American Legion Post 392 has cancelled its 19th annual Testicle Festival, leaving festival supplier Dennis Gerth with 330 pounds of bull testicles in his freezer. That’s my 2020 submission if anyone is giving out awards for Sentences I Never…

Who Is My Employee?

Nothing on TV? Read Your Contract to See If There’s a COVID-19 Exception

By Todd Lebowitz

March 16, 2020

Now that everything fun is banned and workplaces are sending people home, I’m planning to spend next week getting hernia repair surgery on Wednesday. Then I’ll take it easy watching baseball NCAA basketball the NBA tennis Netflix the second part of the week. Or so I thought. Yesterday I learned that all non-essential surgeries are likely going to be cancelled. So it may be back to work. Or home to work. Or some variation of…

Todd Lebowitz

Better Flow? Will New Bill Allow More Benefits for Independent Contractors — Without Risking Misclassification Claims?

Worried about ABC Tests? Here’s What You Have to Look Forward to.

Not Your Ordinary Haircut: Does Your Sexual Harassment Policy Prohibit Harassment by Contractors?

“Who Was That Masked Man?” It Could be Your Independent Contractor.

Did a State Supreme Court Just Rewrite a Key Definition in Independent Contractor Misclassification Law?

Coronavirus & Getting Back to Work, in Four Pictures

Your One-Stop COVID-19 Legal Resource Page

When 500 Isn’t Necessarily 500: How to Count Employees Under the Families First Law

How Does the Families First Act Apply to Independent Contractors?

Nothing on TV? Read Your Contract to See If There’s a COVID-19 Exception

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