Topic
worker classification
979 published works
Independent Contractor Misclassification & Compliance
California and U.S. Labor Department Enter into Memo of Understanding to Jointly Combat Independent Contractor Misclassification
By Richard Reibstein Esq. of Littler Mendelson P.C.
In a news release issued earlier today, February 9, 2012, the California Labor Commissioner co-hosted a press teleconference with the Deputy Administrator of the U.S. Department of Labor during which they…
Wage & Hour - Developments & Highlights
Employer Defenses Against Class Action Rest (Again) On Individualization, As Well As Exemption
In a recent case, a federal judge in New York has allowed a class action to proceed for thousands of employees who allege that they were misclassified as exempt by…
Employment Class Action Blog
California Court Affirms Summary Judgment Against Putative Class of Insurance Agents
By Greg Mersol
Court Finds That Insurance Agents Were Independent Contractors As A Matter Of Law As we have noted in prior blogs, litigation involving alleged independent contractor status is on the rise,…
Minnesota Employer
Control Over the Method and Manner of Performance of Work (Part 1 of 2)
Under Minnesota law, the most important factor in determining whether an individual is an independent contractor or an employee is the degree of control which the purported employer exerts over…
Smooth Transitions
IRS Misclassification Amnesty – Good or Bad?
By Rob Radcliff
Recently the IRS came forward with an amnesty program…
Pennsylvania Law Monitor
Pennsylvania Workers Compensation: The misclassification of employees as independent contractors is now illegal in Pennsylvania
In the past, many employers have attempted to classify employees as independent contractors in order to avoid providing workers compensation benefits. The law now provides protection to employees from being…
Wage & Hour Litigation Blog
California Supreme Court Weighs In (Or Some Might Say “Punts”) On The Administrative Exemption
Authored by Kimberly Brener. On December 29, 2011, four years after granting review, the California Supreme Court decided Harris v. Superior Court, holding that the Court of Appeal mistakenly concluded…
Minnesota Employer
What is the Difference Between Independent Contractors and Employees?
Whether an individual is an independent contractor or employee can have important consequences with respect to what laws apply, what taxes must be paid, and what benefits, if any, must…
Employment Law Watch
UPDATE: California’s New “Job Killer Act” Raises the Stakes for Worker Misclassification
Last month, California Governor Jerry Brown approved a variety of state legislation affecting employers doing business in California. Discussed here is SB 459, which imposes strict penalties for employers found…
Personal Injury Law Journal
Independent Contractor or Employee? Look to Workers’ Compensation Case Law for Guidance
Don't allow your employer to tell you that you are not an employee, and therefore not entitled to workers' compensation benefits simply because you do not receive a regular paycheck…