Topic
worker classification
979 published works
Labor Law Prof Blog
Cameron on Reclassification of Workers at IBM
Chris Cameron (Southwestern) was quoted in the following NPR Marketplace story about the reclassification of workers from salaried to hourly at IBM, and related litigation:From the transcript of the story:KAI…
Labor Law Prof Blog
Using ADA Title III to Get Around Independent Contractor Label
So what if you are a worker who believes he has a viable employment discrimination claim against your employer, but your employer classifies you as an independent contractor rather than…
California Employment Law Update
Administrative Employee’s Overtime And Meal Period Claims Were Properly Dismissed
By Tony Oncidi
Combs v. Skyriver Communications, Inc., 159 Cal. App. 4th 1242 (2008) Mark Combs sued his former employer, Skyriver Communications, and Skyriver’s former interim CEO, Massih Tayebi, for violations of the…
Labor Law Prof Blog
Michigan Establishes Interagency Task Force on Employee Misclassification
Mary Pollock, Legislative Vice-President of Michigan NOW, writes the LERA-listserv about a new initiative in Michigan to try to more accurately classify workers as either employees or independent contractors:In the…
Lancaster Law Blog
Classification of Workers as Employees or Independent Contractors: Five Things Every HR Generalist should know.*
The Manpower Employment Blawg post on $319 Million Fine for FedEx? highlights the enormous downside of misclassifying workers. There are many motivations to classify a worker as an independent contractor rather…
Rush on Business
More on Wage & Hour Litigation
By Rush Nigut
Last month I wrote on the rise of wage and hour litigation. In that post I talked about how I believe wage and hour issues are often misunderstood by employers…
Rush on Business
Employees v. Independent Contractors Drawing Interest
By Rush Nigut
Thanks to Nina Kaufman for quoting my post "Employees v. Independent Contractors" on the Entrepreneur.com Blog Network. Nina's blog on the network is "Making It Legal: The small business mentor's…
The Retirement Plan Blog
The great debate: employee vs. independent contractor
By Jerry Kalish
Employee or independent contractor? Attorney Rush Nigot warns us about making the mistake of treating employees as independent contractors. It's an issue about which the IRS has sacked the NFL…
Wage & Hour - Developments & Highlights
Independent Contractors: Lack of Control and Business Ownership Are The Keys
The line between who is an employee and who is an independent contractor is often a difficult one to draw, with significant (adverse) consequences for employers if they err in…
Wage & Hour - Developments & Highlights
The New FLSA Exemption Tests: The Dangers Of Misclassification
The new (e.g. almost three years) Fair Labor Standards Act (“FLSA”) regulations on exempt status differ in some significant aspects from the old, but still leave employers with numerous, problematic…