Law and the Workplace

Category Archives: Independent Contractor

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Vermont Department of Labor and U.S. DOL Agree to Work Together Against Misclassification

By Carolyn M. Dellatore and Guy Brenner on Posted in Independent Contractor, Wage and Hour
Yesterday the U.S. Department of Labor (“U.S. DOL”) and the Vermont Department of Labor (“VDOL”) signed a three-year memorandum of understanding to share information and conduct joint investigations regarding independent contractor misclassification.  The agreement is part of the U.S. DOL’s Misclassification Initiative, the goal of which is to prevent, detect, and remedy employee misclassification.  Just … Continue Reading

US Department of Labor Issues Administrator’s Interpretation Aimed At Limiting Independent Contractor Classification

By Carolyn M. Dellatore and Guy Brenner on Posted in Independent Contractor, Wage and Hour
As forecast in our June 12, 2015 blog post David Weil, Administrator of the Department of Labor’s Wage and Hour Division (WHD) has released Administrator’s Interpretation (AI) No. 2015-1, entitled “The Application of the Fair Labor Standards Act’s ‘Suffer or Permit’ Standard in the Identification of Employees Who Are Misclassified as Independent Contractors.”  The AI provides … Continue Reading

DOL To Issue Independent Contractor Guidance

By Carolyn M. Dellatore and Guy Brenner on Posted in Independent Contractor, Wage and Hour
According to an Article in Law360, on June 5, 2015, David Weil, Administrator of the Department of Labor’s Wage and Hour Division, stated that his Office is preparing to release guidance addressing how to assess whether a worker is properly classified as an independent contractor.  Weil made the announcement at New York University’s 68th Annual … Continue Reading

Third Circuit Nixes EEOC Retaliation Suit

By Daniel Saperstein, Joseph O’Keefe and Matthew Engel on Posted in Discrimination, Harassment and Retaliation, Independent Contractor, Litigation and Arbitration, Workplace Policies and Procedures
Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Allstate Insurance Co., No. 2-01-cv-07402 (3d Cir. Feb. 13, 2015), the Third Circuit affirmed that the defendant did not violate federal anti-retaliation laws by offering thousands of terminated at-will employees the opportunity to continue working as independent contractors in exchange for signing a release. By way … Continue Reading

Affordable Care Act Presents New Risks to Employers Who Misclassify Workers

By Katharine Parker on Posted in Independent Contractor, Wage and Hour
As our readers know, federal and state departments of labor have intensified their scrutiny of independent contractor arrangements and are coordinating with the federal and state taxing authorities when misclassifications are found.  There was a great article in the New York Times today by Conrad De Aenlle entitled, “Employee or Contractor? Health Care Law Raises … Continue Reading

NJ Supreme Court Clarifies Independent Contractor Standard under State Wage Laws

By Daniel Saperstein and Guy Brenner on Posted in Independent Contractor, Wage and Hour, Workplace Policies and Procedures
Last week, New Jersey’s highest court ruled in Hargrove v. Sleepy’s, LLC, No. A-70-12 (Jan. 14, 2015), that the so-called “ABC test” applies when determining whether a worker is an employee or independent contractor under the New Jersey Wage Payment Law (“WPL”) and Wage & Hour Law (“WHL”).  That test presumes an individual is an employee … Continue Reading

Rhode Island Establishes Tip Line For Worker Misclassification

By Carolyn M. Dellatore and Guy Brenner on Posted in Independent Contractor, Wage and Hour
Man using smartphoneRhode Island’s Joint Task Force on the Underground Economy and Employee Misclassification announced earlier this month that it has set up an anonymous telephone tip line for reporting allegations of independent contractor misclassification.  The Task Force was established to reduce worker misclassification.  It consists of representatives from Rhode Island’s Department of Labor and Training (DLT), the … Continue Reading

$10.2 Million Awarded by DOL to Detect Worker Misclassification

By Carolyn M. Dellatore and Guy Brenner on Posted in Independent Contractor, Wage and Hour
Recently, the U.S. Department of Labor announced awards of $10,225,183 in grants to 19 states to implement or improve worker misclassification detection and enforcement initiatives in their unemployment insurance programs.   California, Delaware, Florida, Hawaii, Idaho, Indiana, Maryland, Massachusetts, New Hampshire, New Jersey, New Mexico, New York, Oregon, South Dakota, Tennessee, Texas, Utah, Vermont, and Wisconsin … Continue Reading

“Black Car” Drivers Found to be Independent Contractors

By Carolyn M. Dellatore and Guy Brenner on Posted in Independent Contractor, Wage and Hour
Recently, courts in highly-publicized independent contractor misclassification cases in the transportation sector have issued determinations finding the workers to be employees.  However, a recent decision from the Southern District of New York demonstrates that there are independent contractor business models in the sector that will be upheld by the courts.  In Saleem v. Corporate Transportation … Continue Reading

New N.Y. Restrictions on Independent Contractor Use

By Katharine Parker on Posted in Independent Contractor, Wage and Hour, Workplace Policies and Procedures
As of April 10, companies in the commercial goods transportation industry must comply with strict rules governing use of independent contractors.  The Commercial Goods Transportation Industry Fair Play Act creates a presumption that any person transporting commercial goods (e.g., truck drivers) are employees.  It also amends the unemployment and workers compensation insurance law to require … Continue Reading

New York State Takes Aim at Worker Misclassification: The Commercial Goods Transportation Industry Fair Play Act

By Allison Martin, Allan Weitzman, Fredric Leffler, Katharine Parker and Marc A. Mandelman on Posted in Independent Contractor, Wage and Hour, Workplace Policies and Procedures
  On Friday, January 10, 2014, Governor Cuomo signed into law the New York State Commercial Goods Transportation Industry Fair Play Act (the Act), which is effective on March 11, 2014. The Act amends the New York Labor Law to create a presumption that any person performing commercial goods transportation services for a commercial goods … Continue Reading

Illinois Expands Employee Classification Act

By Katharine Parker on Posted in Independent Contractor, Wage and Hour
On July 23, 2013, Illinois Governor Pat Quinn (Dem.) signed into law two amendments to the Employee Classification Act, a law that regulates the classification of workers in the construction industry.  The Act imposes a three-pronged test to determine independent contractor status for individuals, along with a 12-part test for individuals operating as sole proprietors … Continue Reading

NJ Trucker Law

By Katharine Parker on Posted in Independent Contractor, Wage and Hour
On Thursday, May 30, 2013, the New Jersey Senate gave final legislative approval to a controversial bill to establish a presumption that port and parcel delivery truck drivers are employees of the companies for which they make deliveries.  If the bill is signed into law, such drivers will no longer be considered independent contractors – … Continue Reading

Connecticut IC Trucker

By Katharine Parker on Posted in Independent Contractor, Wage and Hour
On June 24, 2013, Connecticut Governor Dan Malloy signed into law the “Act Concerning Certain Motor Vehicles and Eligibility for Unemployment Benefits” after lawmakers unanimously approved the measure.  The law, which takes effect on October 1, will make it easier for independent truck operators in the state to be deemed independent contractors for purposes of … Continue Reading
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