News & Analysis as of

Independent Contractors Audits

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Fisher Phillips

Do Your Contractors Carry Workers’ Compensation Coverage? How It Can Impact Your Policy and 5 Ways to Prepare for Insurance Audits...

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Workers’ compensation insurance audits can lead to big and unexpected costs for your company, especially now that insurers and state governments are pushing for policyholders to ensure that their independent contractors and...more

Trusaic

How to Comply with the New DOL Independent Contractor Rule

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The U.S. Department of Labor (DOL) has provided final guidance on employee vs. independent contractor classification under the Fair Labor Standards Act (FLSA). On Jan. 9, the DOL Independent Contractor Rule was published. ...more

Ruder Ware

Navigating Employment Verification Challenges: When to Seek Tailored Legal Advice

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Federal laws place employers in a challenging position, requiring them to navigate between compliance with laws designed to prevent the employment of persons not eligible to work in the United States and laws punishing...more

DirectEmployers Association

What Federal Contractors Need to Know About the OFCCP’s New Audit Scheduling Letter

DirectEmployers held a complimentary 90-minute fast-paced Webinar for the public and its Member Companies discussing OFCCP’s new and controversial audit Scheduling Letter for Supply & Service contractors. Because many of the...more

Fox Rothschild LLP

The Long-Term Health Care Industry Faces New, Intense USDOL Scrutiny: Make Sure You Are FLSA Compliant!

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I have defended dozens of nursing homes, home health services, residential care centers and other health care providers in audits of their wage practices by the US. Department of Labor (“DOL”) and state DOLs. I have come to...more

Barnea Jaffa Lande & Co.

Stricter Obligations on Recipients of Contract Workers’ Services

The Israeli National Labor Court has issued a new ruling that expands the responsibilities of employers who use contractors in specific fields of services (cleaning, guarding, and security). The ruling ensures employers’...more

Foley & Lardner LLP

Energy Industry and Wage and Hour Compliance Issues

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On February 22, 2023, the United States Supreme Court issued a ruling, in Helix Energy Sols. Grp., Inc. v. Hewitt, No. 21-984, that despite earning in excess of $200,000 annually, an oilfield rig worker was improperly paid...more

Fox Rothschild LLP

The Taxman Cometh: How to Handle an EDD Audit [Click Here if You Received an “Inquiry Regarding Records,” a “Preaudit...

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The EDD is aggressively pursuing unemployment tax audits aimed at evaluating potential independent contractor misclassification. Presumably due to the overwhelming financial burden the pandemic imposed, the EDD is pursuing...more

Genova Burns LLC

ABC Is Not As Easy as 1-2-3: NJ Supreme Court Issues Independent Business Misclassification Decision

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On August 2, 2022, the New Jersey Supreme Court in East Bay Drywall, LLC. v. Department of Labor and Workforce Development, issued a unanimous opinion holding that workers, hired on a need and availability basis, who used...more

DirectEmployers Association

OFCCP Week In Review: March 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Perkins Coie

ESD Audits: What They Are, How to Prepare, and Best Practices for Employers

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Overview of ESD Audits - The Washington State Employment Security Department (ESD) audits records of employers located in Washington to confirm that wages and hours are accurately reported and to ensure compliance with the...more

Cole Schotz

Effective Immediately – New Jersey Employers Face Even Higher Penalties For Misclassifying Employees As Independent Contractors

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On July 8, 2021, New Jersey Governor Phil Murphy signed three (3) bills into law aimed at further penalizing employers for misclassifying employees as independent contractors. New Jersey employers that engage in employee...more

King & Spalding

The Big Questions for Employers in the UK for 2021

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2020 was a year of exceptional change for employers and their staff. As the pandemic unfolded, businesses navigated their way through adjusting to a remote workforce to furloughing to creating COVID-secure workplaces and...more

McDermott Will & Emery

Victory? Delaware Suggests an End to Contingency Compensation for Unclaimed Property Contract Auditors

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For years, Delaware has used contract audit firms to enforce their unclaimed property laws and paid them based, at least partially, on the amount recovered. Motivated by this financial reward and empowered as an agent of the...more

Hogan Lovells

A review of OFCCP’s 2018 directives: Potential signs of greater transparency and cooperation with federal contractors?

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The Office of Federal Contract Compliance Programs (OFCCP) – the Department of Labor office responsible for overseeing federal contractors’ and subcontractors’ equal employment opportunity and affirmative action obligations –...more

Proskauer - Law and the Workplace

Appellate Division Rules That Paid Blogger Was Not An “Employee” Entitled To Unemployment Benefits, Signaling Trend Toward More...

One of the recurring themes in workplace law in 2016 was the continued crackdown on independent contractor misclassification. Both federal and state agencies, as well as the plaintiffs’ bar, invested significant resources to...more

Baker Donelson

Maryland Employers Will Face Tougher Sanctions for Misclassifying Workers as Independent Contractors

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The heightened focus on misclassification of workers as independent contractors should cause concern for employers. At least 30 states have partnered with the federal government to target worker misclassification, with...more

Downs Rachlin Martin PLLC

News from the Vermont Statehouse - An analysis from DRM's Government & Public Affairs Team

Committee Decides Physician Acquisition Disclosure Bill Is Unnecessary - The Senate Health and Welfare Committee has decided not to pursue consideration of S.245, a proposal to require disclosure of new affiliations...more

Benesch

The InterConnect FLASH! NO. 52 - Transportation Industry Independant Contractor Program Assessment

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Worker classification and regulatory compliance issues have resulted in numerous, costly judgments and settlements in the transportation industry. With the year drawing to a close, and no end in sight as to the pressures on...more

Bradley Arant Boult Cummings LLP

Beware Increased Worker Classification Audits

As many of you are aware, there has been a marked increase in the emphasis on worker misclassification, not only by the Internal Revenue Service and U.S. Department of Labor (DOL), but by states. The IRS and U.S. DOL have...more

Proskauer - Law and the Workplace

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

On September 3, 2015 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...more

Baker Donelson

Construction Industry Listed as a Top Priority for Misclassification Audits

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Earlier this year, the U.S. Department of Labor (DOL) announced its 2015 Misclassification Initiative aimed at combatting misclassification of employees as independent contractors. At the top of its target list? Employers in...more

Burr & Forman

Why, Again, Do You Think that Worker is an Independent Contractor?

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If you're reading this article, then you likely own or administer a medical practice of some sort. That practice may have workers of many stripes. Some of those workers may be treated as employees and some may be independent...more

Troutman Pepper

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

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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

Bradley Arant Boult Cummings LLP

Worker Classification Litigation on the Rise — An Analysis of the Ninth Circuit’s FedEx Case and Its Lessons for Tax Practitioners

Abraham Lincoln reportedly asked, ‘‘If you call a dog’s tail a leg, how many legs does a dog have?’’ His answer was, ‘‘Four. Calling a dog’s tail a leg does not make it a leg.’’ Similarly, when businesses classify workers,...more

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