Misclassification

Raising the Stakes of Worker Misclassification Yet Again

by Morgan Lewis on 5/16/2013

New requirements under the Patient Protection and Affordable Care Act are set to intensify state and federal governments' crackdown on worker misclassification....more

Common Employment Law Mistakes for Small, Start-Up and Growing Companies [Video]

by Lawline.com on 5/2/2013

Employment law compliance is among the many challenges businesses face as they start up and grow. In this course, Mr. Martinez reviews the most common mistakes made by start-up, small and emerging companies explaining the...more

California Court Rejects Managers’ Overtime Misclassification Class Action

by Lara C. de Leon | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/30/2013

Dailey v. Sears, Roebuck & Co., D061055 (March 20, 2013): In a recent decision, the California Court of Appeal affirmed the denial of class certification where there was not a predominant common question on a claim of...more

Independent Contractor or Employee: Are Independent Contractors the Best Solution for Multinational Organizations?

by Carson G. Burnham, Bonnie Pucket | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/24/2013

Almost every organization expanding overseas needs a vehicle to explore the market before making the business decision to establish a legal entity, yet few legal vehicles are available for this preliminary measure. Most...more

California Wage/Hour Update - No. 2, April 2013: Managerial Exemption And Class Actions

by Colin Calvert | Fisher & Phillips LLP on 4/8/2013

On March 20, 2013 a California Appellate court reinforced the fact that employees who attempt to certify class claims of “misclassification” of exempt employees (and related meal- and rest-period claims) face an uphill...more

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

by David Garland | Epstein Becker & Green, P.C. on 4/5/2013

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

IRS Temporarily Liberalizes Requirements For Employment Tax Partial Amnesty Program But June 30th Deadline Looms

by Philip Diamond | Carlton Fields on 4/3/2013

Many companies struggle with how to classify their workers for tax purposes. Are they employees? Or, are they independent contractors?...more

Changes In The IRS Independent Contractor Classification Program

by Lisa B. Petkun | Pepper Hamilton LLP on 3/29/2013

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

Podcast Shines Light On Latest California Employment News

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 3/29/2013

The latest XpertHR podcast features an in-depth look at several new employment law developments out of California, perhaps the most pro-employee state in the nation. Littler Mendelson partner Chris Cobey takes listeners...more

IRS Provides Additional Favorable Guidance on Recently Modified Voluntary Classification Settlement Program

by David Diaz, Jeffrey Holdvogt, Ruth Wimer | McDermott Will & Emery on 3/20/2013

On February 27, 2013, the Internal Revenue Service (IRS) issued News Release IR-2013-23 to provide additional favorable guidance regarding modifications to the Voluntary Classification Settlement Program (VCSP) issued in...more

Hot Wage and Hour Issues for Home Healthcare Employers

by Gregory Brown, Marcia Ganz, Anne Mellen, Robert O'Brien, Breanne M. Sheetz, Angelo Spinola, Carole Wilder | Littler on 3/20/2013

In This Report: - I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry - II. Potential Loss Of The Companionship Services Exemption - III. Other Common Types Of Claims - A. Misclassification...more

Internships: Out of Fashion

by Kelly Scott | Ervin Cohen & Jessup LLP on 3/20/2013

A former unpaid intern, Dajia Davenport, recently filed a class action lawsuit against Elite Model Management. The lawsuit was filed in the Southern District Court of New York and seeks $50 million in connection with various...more

Crowdsourced Workers: Are They Employees or Independent Contractors?

by Michael Newman | Barger & Wolen on 3/19/2013

What happens when modern innovations in the workforce (made possible by the advent of the internet) collide with traditional concepts of employment? You get lawsuits like Christopher Otey v. Crowdflower, Inc., filed late...more

New Tax Court Decision Highlights Need for Construction Contractors to Consider Expanded IRS Voluntary Worker Classification...

by Jim Archibald, Bruce Ely, Stuart Frentz, William Thistle | Bradley Arant Boult Cummings LLP on 3/15/2013

For years, the question of whether construction workers should be treated as employees or independent contractors has been an important issue that many contractors have overlooked or chosen to ignore. However, a recent U.S....more

Comment Submitted On USDOL's Proposed Worker Survey

by John E. Thompson | Fisher & Phillips LLP on 3/13/2013

As we have been reporting, March 12 was the deadline for submitting comments regarding the U.S. Labor Department's proposal "to collect information about employment experiences and workers' knowledge of basic employment laws...more

Dog Days (of Winter) are Over: Audits for Worker Misclassification On Increase

by Daniel A. Schwartz | Pullman & Comley, LLC on 3/12/2013

Consistent readers of the blog will no doubt know of my weaving in pop culture into blog posts. So it was with some good fortune that as I began to write this post, the song “Dog Days are Over” popped up on my iPhone speakers...more

2013 US Labor and Employment Horizon

by K&L Gates LLP on 3/12/2013

Overview - As a resource to our clients, the Labor, Employment and Workplace Safety team at K&L Gates has summarized major legislative changes and key cases affecting employers in 2013 in certain key states in which we...more

To Pay or Not To Pay: Payment of Wages under Federal Wage and Hour Law

by Michael Pavlick | K&L Gates LLP on 3/7/2013

“These violations reflect one of the problems we’ve found in the oil and gas extraction industry—employees are improperly classified as exempt from the FLSA and are not paid the proper wages in accordance with federal law.” -...more

IRS Expands VCSP Program

by Scott T. Silverman | Akerman Senterfitt on 3/6/2013

On February 27, 2013, the Internal Revenue Service (IRS) announced its expansion of the Voluntary Classification Settlement Program (VCSP) to allow more employers to achieve certainty under the law by reclassifying their...more

Who is an employee and who is an independent contractor under the employer mandate provisions of the Affordable Care Act...

by Michael Newman | Barger & Wolen on 2/27/2013

As we have written in this space in the past, whether a worker is an employee or an independent contractor can have many consequences. The classification can determine whether the principal is liable for the negligent acts...more

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Raising the Stakes of Worker Misclassification Yet Again

Common Employment Law Mistakes for Small, Start-Up and Growing Companies [Video]

California Court Rejects Managers’ Overtime Misclassification Class Action

Independent Contractor or Employee: Are Independent Contractors the Best Solution for Multinational Organizations?

California Wage/Hour Update - No. 2, April 2013: Managerial Exemption And Class Actions

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

IRS Temporarily Liberalizes Requirements For Employment Tax Partial Amnesty Program But June 30th Deadline Looms

Changes In The IRS Independent Contractor Classification Program

Podcast Shines Light On Latest California Employment News

IRS Provides Additional Favorable Guidance on Recently Modified Voluntary Classification Settlement Program

Hot Wage and Hour Issues for Home Healthcare Employers

Internships: Out of Fashion

Crowdsourced Workers: Are They Employees or Independent Contractors?

New Tax Court Decision Highlights Need for Construction Contractors to Consider Expanded IRS Voluntary Worker Classification...

Comment Submitted On USDOL's Proposed Worker Survey

Dog Days (of Winter) are Over: Audits for Worker Misclassification On Increase

2013 US Labor and Employment Horizon

To Pay or Not To Pay: Payment of Wages under Federal Wage and Hour Law

IRS Expands VCSP Program

Who is an employee and who is an independent contractor under the employer mandate provisions of the Affordable Care Act...

What’s on the Regulatory Horizon Part Two: Wage and Hour Division Tips Its Hand

U.S. Whistleblower Recovers Large Sum from Antidumping Duty Evasion

DOL Proposes Survey on Independent Contractor Misclassification

No USDOL Response To Request For Worker "Survey"

Exotic Dancers Are Employees, Not Independent Contractors, Kansas Supreme Court Rules

Common Employment Law Mistakes for Small, Start-Up and Growing Companies [Video]

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