Richard J. Reibstein

Richard J. Reibstein

Pepper Hamilton LLP

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1099ers Exposing Startups, Private Equity Firms to Costly Liability

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

9/25/2014 - 1099s Employer Liability Issues Independent Contractors Popular Private Equity Small Business Startups W-2

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

Three Requirements For New York Employers In The New Year

This is a friendly reminder to clients employing workers in New York that they need to comply with the annual pay notice requirement of the state’s Wage Theft Prevention Act (WTPA) by February 1, 2014. As with previous years,...more

1/17/2014 - Compliance Employee Rights FLSA Pregnancy Pregnancy Discrimination Reasonable Accommodation Sick Leave Wage Theft Prevention Act Wages

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

A Real-Life Analysis Of The New Wage Deduction Rules In New York: What The Legislature Giveth, The Regulators Have Taketh Away

Last week, the New York State Department of Labor issued regulations to implement the 2012 amendments to New York’s wage deduction law. The amendments were enacted to facilitate employer deductions of overpayments and...more

10/21/2013 - DOL Overpayment Wage Deductions Wages

New York City Council Enacts Paid Sick Time Law; Employees Now Entitled To Paid Sick Time From Certain Employers

On June 26, 2013, New York City joined the growing list of jurisdictions requiring employers to give workers paid sick time. Originally Published in Law360 - July 9, 2013....more

7/12/2013 - CBAs Local Ordinance Medical Leave Municipalities New Legislation Paid Leave

A Look At The Toughest Unemployment Discrimination Law

Originally Published in Employment Law360 on March 20, 2013. Employers in New York City are just beginning to grip the scope of a new law that gives job applicants protection from unemployment discrimination.1 Set to...more

3/27/2013 - Discrimination Hiring & Firing Job Applicants Unemployment Discrimination

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 - Fair Playing Field Act Independent Contractor Tax Fairness and Simplification Act Independent Contractors Misclassification Safe Harbors

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