Lisa B. Petkun

Lisa B. Petkun

Pepper Hamilton LLP

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March 2015 Independent Contractor Compliance and Misclassification News Update

This past month’s headline developments involve three major developments in the area of independent contractor (IC) misclassification. The first case involves a large department store that agreed to pay most of the costs of...more

4/6/2015 - Adult Entertainment Class Action Delivery Drivers FLSA Franchises Independent Contractors Legislative Agendas Lyft Macy's Misclassification Retailers Trucking Industry Uber Wage and Hour

February 2015 Independent Contractor Compliance and Misclassification Update

This month’s headline developments are a set of cases reported in February dealing with class action IC misclassification claims: the highest court in a key state agreeing to decide whether a worker-friendly test should be...more

3/5/2015 - Adult Entertainment Delivery Drivers Employer Liability Issues FLSA Independent Contractors Misclassification Trucking Industry Unpaid Overtime Wage and Hour

133,000 Misclassified Workers Detected in New York in the Course of 12,000 Audits and Investigations in 2014, According to the...

On February 1, 2015, the Joint Enforcement Task Force on Employee Misclassification issued its Annual Report. The Report noted that the New York Task Force members in 2014 conducted over 12,000 audits and investigations,...more

2/9/2015 - Audits Employee Definition Employer Liability Issues Government Investigations Independent Contractors Information Reports Misclassification

Even an Exotic Dance Club (a.k.a. Strip Joint) Can Comply with Independent Contractor Laws – And Avoid or Defend Against Class...

A number of our blog posts since October 2010, including our monthly updates beginning in November 2012, have included reports on class action lawsuits by exotic dancers against strip clubs. This industry has, by far, the...more

2/9/2015 - Adult Entertainment Class Action Employee Definition Employer Liability Issues Independent Contractors Misclassification Wage and Hour

The 2016 Federal Budget: Targeting Independent Contractor Misclassification as Part of the “Fissured Workplace”

The President released his Fiscal Year 2016 Budget today, February 2, 2015. In furtherance of the President’s budget request, the Labor Department’s Wage and Hour Division provided a 32-page budget justification to Congress...more

2/4/2015 - Barack Obama Corporate Counsel DOL Employer Liability Issues Employer Mandates Federal Budget FLSA Independent Contractors Misclassification Popular Wage and Hour

January 2015 Independent Contractor Compliance and Misclassification Update

JANITORIAL FRANCHISE COMPANY SETTLES ITS APPEAL OF $4.8 MILLION JUDGMENT IN FAVOR OF MISCLASSIFIED CUSTODIANS. Coverall North America Inc. settled the independent contractor misclassification case filed against it by a class...more

2/3/2015 - ABC Test Class Action Commercial Truck Drivers Construction Industry Construction Workers Cooperation Agreement DOL Employee Definition Employer Liability Issues Enforcement Actions Franchise Agreements Franchises Independent Contractors Lowes Misclassification Retailers Trucking Industry Wage and Hour

New Jersey Sets Low Bar for Workers Filing Independent Contractor Misclassification Suits

More than a year ago, the U.S. Court of Appeals for the Third Circuit, in an independent contractor misclassification class action, asked the New Jersey Supreme Court to articulate the test that judges should apply in state...more

1/16/2015 - Corporate Counsel Delivery Drivers Employee Definition Employer Liability Issues Independent Contractors Misclassification Wage and Hour

$6.5 Million Class Action Settlement Imparts Four Lessons for Companies Seeking to Minimize Independent Contractor...

A $6.5 million settlement between Lowe’s Home Centers and a class of its home improvement contractors was approved by a federal court judge in California earlier this week. The contractors claim that they had been...more

1/15/2015 - Class Action Contractors Corporate Counsel Employer Liability Issues Independent Contractors Lowes Misclassification Retailers Settlement

Florida is 19th State to Partner with U.S. Department of Labor to Combat Unlawful Independent Contractor Misclassification

The Florida Department of Revenue is the latest state agency to sign a memorandum of understanding with the U.S. Department of Labor seeking to prevent employees from being misclassified as independent contractors (ICs). This...more

1/14/2015 - Corporate Counsel Department of Revenue DOL Employee Definition Employer Liability Issues Misclassification Wage and Hour

December 2014 Independent Contractor Compliance and Misclassification Update

SUPPLIER OF INSTALLATION SERVICES FOR LARGE SATELLITE TV COMPANY CANNOT DISMISS IC MISCLASSIFICATION CLAIM BY INSTALLER. A federal district court in Mississippi last month denied cross-motions for summary judgment in an FLSA...more

1/6/2015 - Adult Entertainment Class Action Construction Industry Consultants Employee Definition Employer Liability Issues FLSA Independent Contractors Legislative Agendas Misclassification Popular Staffing Agencies Trucking Industry

November 2014 Independent Contractor Compliance and Misclassification Update

This month’s headline developments are two independent contractor misclassification class action lawsuits: one was filed in New York against a Silicon Valley giant, Google Inc., and the second was filed in California against...more

12/3/2014 - Adult Entertainment Appeals Class Action Commercial Truck Drivers Delivery Drivers DOL Employer Liability Issues FLSA Google Independent Contractors Misclassification Offshore Drilling Oil & Gas Popular Silicon Valley Startups Trucking Industry Wage and Hour

October 2014 Independent Contractor Compliance and Misclassification Update

- TAX COURT DECISION REMINDS COMPANIES THAT “OFFICERS” ARE STATUTORY EMPLOYEES AND THEREFORE CANNOT BE INDEPENDENT CONTRACTORS. The United States Tax Court held that a company that was engaged in the buying, reconditioning,...more

11/5/2014 - Compliance Employee Rights Employer Liability Issues Independent Contractors Misclassification

September 2014 Independent Contractor Compliance and Misclassification Update

This month’s headline developments are the crescendo of cases finding against FedEx Ground’s classification of drivers as independent contractors. On the heels of last month’s decision by the U.S. Court of Appeals for the...more

10/8/2014 - Contractors Employee Rights Employer Liability Issues FedEx Independent Contractors Misclassification NLRA NLRB

FedEx Hit with Avalanche of Independent Contractor Misclassification Rulings

In the past week, the Supreme Court of Kansas and the National Labor Relations Board have issued lengthy, comprehensive opinions finding that FedEx misclassified its Home Delivery and Ground Division drivers as independent...more

10/7/2014 - Compliance Corporate Counsel Employee Rights FedEx Independent Contractors Misclassification NLRA NLRB Popular

New California Law Imposes Costly Risks to Companies Using Independent Contractors Supplied by Staffing and Recruiting Firms – But...

On September 28, 2014, Governor Jerry Brown of California signed a bill that puts a potentially enormous liability risk on companies that use workers supplied by “labor contractors” that fail to pay all wages due the workers....more

10/3/2014 - Employer Liability Issues Independent Contractors Misclassification Risk Management Wage and Hour Wages

Silicon Valley Misclassification: ‘New York’ Magazine Focuses on How the 1099 Economy May Be Exposing Tech Start-Up Companies to...

Today’s online edition of New York Magazine’s “Daily Intelligencer” includes a comprehensive article on how Silicon Valley start-up tech companies using “the 1099 model” may be exposed to employment, tax, and benefit law...more

9/22/2014 - 1099s Employee Rights Employer Liability Issues Independent Contractors Misclassification Popular Silicon Valley Startups W-2

U.S. Labor Department Awards $10.2 Million to 19 States to Help Finance Their Crackdown on Independent Contractor...

The news from Washington, D.C. yesterday is that the U.S. Department of Labor is funding 19 states’ efforts to crack down on businesses that unwittingly or intentionally fail to make unemployment contributions for individuals...more

9/17/2014 - Classification DOL Employer Liability Issues Independent Contractors Misclassification Popular

August 2014 Monthly Independent Contractor Compliance and Misclassification Update

This month’s headline development are the seismic decisions, issued on August 27, 2014 by the U.S. Court of Appeals for the Ninth Circuit, concluding as a matter of law that FedEx Ground had misclassified over 2,300 drivers...more

9/3/2014 - AFL-CIO Appeals Class Action Commercial Truck Drivers Construction Industry Discrimination Employer Liability Issues Executive Orders FedEx Independent Contractors Lyft Misclassification Newspapers Trucking Industry Uber Wage and Hour

Earthquake in the Independent Contractor Misclassification Field: Changed Landscape Following Serious Legal Blow to FedEx Ground...

FedEx Ground has been at the epicenter of the crackdown on IC misclassification by government regulators, state legislators, and plaintiffs’ class action lawyers since 2007, when a California appellate court found...more

9/2/2014 - Classification Contractors Employer Liability Issues FedEx Independent Contractors Misclassification

July 2014 Monthly Independent Contractor Compliance and Misclassification Update

The leading development this month in the area of independent contractor compliance and misclassification is an Arizona case that deals with a commonplace event – but one that carries with it the potential for unanticipated...more

8/5/2014 - Classification Compliance Contractors Employer Liability Issues Independent Contractors Misclassification Subcontractors Trucking Industry

Congress Re-Introduces Independent Contractor Misclassification Law

Sen. Bob Casey (D-PA) announced on November 12, 2013 that he had introduced a bill called the Payroll Fraud Prevention Act of 2013 at a hearing of the Senate Subcommittee on Employment and Workplace Safety. The bill is yet...more

11/18/2013 - Compliance Employer Liability Issues Fraud Independent Contractors Misclassification

Changes In The IRS Independent Contractor Classification Program

In September 2011 the Internal Revenue Service (IRS) announced a new voluntary relief program for worker status termed the voluntary classification settlement program (VCSP). Announcement 2011-64, 2011-41, I.R.B. 503. On...more

3/29/2013 - Independent Contractors IRS Misclassification VCSP

Hidden Due Diligence Risk In Mergers, Acquisitions And Investments: Independent Contractor Misclassification Oftentimes Overlooked...

Many due diligence reviews in mergers, acquisitions and investments have ignored the issue of independent contractor (IC) misclassification liability. This is a difficult exposure to identify unless the legal team digs below...more

1/9/2013 - Acquisitions Due Diligence Hedge Funds Independent Contractors Investment Firms Misclassification Private Equity

New Misclassification Bill Introduced In Congress: The Independent Contractor Tax Fairness And Simplification Act Of 2012 Seeks To...

Yesterday, December 12, 2012, Rep. Erik Paulsen (R-Minn.) introduced a bill that bears many similarities to a bill introduced earlier this year by 33 Democrats. The Independent Contractor Tax Fairness and Simplification Act...more

12/14/2012 - Independent Contractors Misclassification Safe Harbors

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