Law and the Workplace

Category Archives: Independent Contractor

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$10.2 Million Awarded by DOL to Detect Worker Misclassification

By Guy Brenner and Carolyn M. Dellatore 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 Guy Brenner and Carolyn M. Dellatore 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 Katharine Parker, Allan Weitzman, Fredric Leffler, Marc A. Mandelman and Allison Martin 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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