Caesar: The ides of March are come.
Soothsayer: Aye, Caesar, but not gone.
-Julius Caesar, Act III, Scene 1
On this March 15th, human-owned businesses don't need Shakespeare's
Soothsayer to warn of forthcoming trouble in the classification of
employees and independent contractors...
Heat Turned Up on Alleged Worker
by: John F. Birmingham, Jr.
The classification of workers as independent contractors
has been a focus of multiple federal and state agencies for at least the past
two years. However, the September 19, 2011 announcement by the leaders...
The proper classification of a worker as an "employee" or "independent contractor" is one of the more important, but sometimes confusing, tasks faced by a business. In earlier posts, I've provided guidance on making the right classification and warned of enhanced efforts by governments...
The IRS is becoming more aggressive in enforcement of
employment classification and is scrutinizing the distinctions between
employees and independent contractors with an increasing level of focus. The
question of whether a worker is an independent contractor or employee for
federal income and employment...
All individuals performing work for an employer should be
classified as employees or independent contractors. Employees are then further
classified under the Fair Labor Standards Act as "exempt" or
"non-exempt" for purposes of overtime compensation. Proper
classification of employees...
Employers take a risk when they classify someone
performing services for them as an independent contractor instead of an
employee. Because employers owe contractors far fewer obligations than
employees, employers risk each of the following if a court determines that a misclassification
by John E. Thompson
The U.S. Labor Department has announced another proposal to conduct a survey relating to "worker classification issues" under the federal Fair Labor Standards Act.
Readers will recall our posts about a similar USDOL notice published earlier this year. Both proposals...
by Michael Marr
In the first Administrator’s Interpretation issued in more than a year, the Department of Labor has recently weighed in on the debate over the misclassification of employees—a debate that has been stirred up of late by companies such as Uber , Lyft , and the now closed...
Few things in the law are as poorly defined as the distinction between independent contractors and employees. This will be the first post in a series dedicated to that distinction. One of the problems is that courts apply different tests depending on the underlying legal issue. Jurisdiction also matters...
Yesterday, we reviewed the Third Circuit's classification test for employees under the FLSA . Next up: Pennsylvania's test for purposes of Unemployment Compensation. When does this come into play? Well, claimants are generally not entitled to UC benefits if they get fired from an independent...