Topic
worker classification
979 published works
Independent Contractor Misclassification & Compliance
Businesses Everywhere Take Note: NYC Independent Contractor Law Will Have Impact Well Beyond the City
By Richard Reibstein Esq. of Littler Mendelson P.C.
Regardless of where a company is headquartered, it likely contracts with one or more independent contractors who live or work in New York City. If your company does so, take…
Global Workplace Insider
Update: Assessment of Employment Relationships (Deregulation) Act (DBA)
Working with independent contractors/freelancers? In May 2016, we discussed https://www.globalworkplaceinsider.com/2016/05/var-declaration-replaced-by-model-agreements-as-of-may-1-2016/ the abolition of the VAR-declaration as a result of the implementation of the Assessment of Employment Relationships (Deregulation) Act (Wet deregulering…
Independent Contractor Misclassification & Compliance
New York’s Highest Court Issues IC-Friendly Ruling, Holding That Certain Yoga Teachers Are Valid Independent Contractors
By Richard Reibstein Esq. of Littler Mendelson P.C.
Earlier today, October 25, 2016, the New York Court of Appeals issued an important decision on the issue of independent contractor status. The Court held that a group of yoga…
Employment & Labor
More Pitfalls For Misclassifying Employees
The National Labor Relations Board (“Board”) recently created another potential pitfall for employers who misclassify employees as independent contractors. Most employers know that, if they misclassify an employee as an…
Wage and Hour Defense Blog
Controls Imposed by Franchise Agreements May Support Class Action Claims That Franchisees Are Actually Employees
Claims that employees have been misclassified as independent contractors remain a focus for private plaintiffs and government agencies. Contracts that exert control over the business of another company may be…
PrawfsBlawg
The Gig Economy and the Future of Employment and Labor Law
Main Tuesday, October 11, 2016The Gig Economy and the Future of Employment and Labor LawThis past April I had the honor of delivering the 12th Annual Pemberton Lecture at the…
Labor & Employment Law Blog
NLRB Releases Advice Memorandum Affirming Misclassification Constitutes Unfair Labor Practice
At the end August, the National Labor Relations Board released an advice memorandum, originally drafted in December 2015, concluding that a group of drivers who worked for a drayage company…
Labor & Collective Bargaining
NLRB Signals More Trouble Ahead For Employers That Misclassify Employees
By Timothy J. Ryan, Howard M. Bloom, Philip B. Rosen
For a variety of reasons, employers may prefer to treat those who provide services to them as independent contractors rather than employees. However, when employers exercise a sufficient level of…
Law and the Workplace
Oklahoma Partners With U.S. DOL to Investigate Worker Misclassification
By Carolyn M. Dellatore, Guy Brenner
On September 13, 2016, Oklahoma became the 35th state to enter into a partnership with the U.S. Department of Labor (U.S. DOL) to share information and conduct joint investigations regarding…
California Workplace Law Blog
Avoid These Common Mistakes in Classifying Workers
The Department of Labor (DOL) has made it clear. Regardless of the reason, classification errors can be costly for employers, as the error often affects a number of employees having…