Topic
worker classification
979 published works
Employment Class Action Blog
Southern District of New York Denies Conditional Certification in Misclassification Case
By Greg Mersol
Despite its significant rulings in other areas, we don’t have any blockbuster Supreme Court opinions to discuss this week as it has already decided all of class action before it. …
Independent Contractor Misclassification & Compliance
Risky Business in Worker Misclassification Cases: Treating a Worker as a Dual Independent Contractor and Employee
By Richard Reibstein Esq. of Littler Mendelson P.C.
Businesses that treat workers in a single tax year as both a W-2 employee and a 1099 independent contractor (IC) typically raise red flags at the IRS and state workforce…
Global Workplace Insider
Commonality continues to be stumbling block for certifying misclassification class proceedings
By guestauthor
This post was contributed by Shannon Robinson, Associate, Norton Rose Canada LLP and Matthew Demeo, Articling Student, Norton Rose Canada LLP (Ottawa) Last month, the Divisional Court of the Ontario Superior…
Inside Jobs
Misclassified Workers Create Penalty Risks Under Health Reform
By Amy N. Moore
Earlier this year we described the IRS’s Voluntary Classification Settlement Program (VCSP), which substantially reduces an employer’s liability for back taxes when the employer voluntarily reclassifies employees who have been…
San Antonio Employment Law Blog
To Be Or Not To Be An Independent Contractor
A frequent question arises regarding when an employee is an independent contractor and when is he just a regular employee. Many employers have moved to using independent contractors instead of…
Wage & Hour - Developments & Highlights
DOL Audits Will Rise With New Funding Increases
I have often posted on the recently found aggressiveness of the Departments of Labor, on both the federal and state levels, to step up enforcement of (alleged) wage-hour (i.e. overtime)…
Wage & Hour Litigation Blog
What Happened, Dude?: Checking Duties Behind Title May Have Prevented Title Company from Writing Check
Authored by Alex Passantino Look . . . here are a couple of statements that are not FGCU slam-dunk defenses to a claim of misclassification under the FLSA: “But .…
Independent Contractor Misclassification & Compliance
Worker Classification Issues Are Raised by Affordable Care Act Proposed Regulations
By Richard Reibstein Esq. of Littler Mendelson P.C.
Several comments filed by various industry groups on proposed regulations issued in January by the Internal Revenue Service have focused on worker classification ambiguities that are embedded in the “common…
GT L&E Blog
IRS Expands Voluntary Worker Classification Compliance Program
The IRS has recently made it easier for businesses to participate in its worker classification voluntary compliance program, which allows a company that has been misclassifying workers as independent contractors…
Independent Contractor Misclassification & Compliance
Comments Submitted on Worker Classification Study to U.S. Department of Labor
By Richard Reibstein Esq. of Littler Mendelson P.C.
On Monday, March 11, 2013, Richard Reibstein, the publisher of this blog, submitted 17 pages of detailed Comments to the U.S. Department of Labor’s proposed data collection for its Worker…