Misclassification, Independent Contractors

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

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

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

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

DOL Proposes Survey on Independent Contractor Misclassification

by Anne Marie Estevez, Thomas Linthorst, Sean Lynch, Tim Lynch, Christopher Parlo, Michael Puma | Morgan Lewis on 2/21/2013

The survey will involve more than 10,000 workers and carry important implications for employers, including the potential implementation of "right to know" regulations. ...more

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

by Michael Newman | Barger & Wolen on 2/14/2013

In Milano’s v. Kansas Department of Labor, the Kansas Supreme Court determined that exotic dancers were employees, not independent contractors, for purposes of unemployment insurance....more

Massachusetts Wage Act Release Must Be Clear and Specific

by Mark H. Burak | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/9/2013

The Massachusetts Supreme Judicial Court recently addressed a significant issue to Massachusetts employers—whether general releases can bar employees from bringing Wage Act claims against their employers. Crocker v. Townsend...more

Skilled Laborers May Proceed In Class Action Lawsuit For Alleged Overtime And Meal And Rest Break Violations

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 2/4/2013

A group of skilled laborers brought a class action lawsuit claiming that they had been wrongfully classified as independent contractors and denied overtime pay and meal and rest breaks. The court of appeal held that the...more

Wage and Hour Division Unveils Plans to Survey Workers' Knowledge of Their Classification as Employees or Independent Contractors;...

by Scott Wenner | Schnader Harrison Segal & Lewis LLP on 2/1/2013

From the advent of the Obama Administration, the U.S. Department of Labor has clearly expressed its intent to adopt an adversarial approach towards employers at the agency and sub-agency levels. As part of that strategy, the...more

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Misclassification › Independent Contractors

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

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

Crowdsourced Workers: Are They Employees or Independent Contractors?

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

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...

DOL Proposes Survey on Independent Contractor Misclassification

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

Massachusetts Wage Act Release Must Be Clear and Specific

Skilled Laborers May Proceed In Class Action Lawsuit For Alleged Overtime And Meal And Rest Break Violations

Wage and Hour Division Unveils Plans to Survey Workers' Knowledge of Their Classification as Employees or Independent Contractors;...

Independent Contractor Or Employee – It Can Depend Upon Who Has The Burden Of Proof

DOL’s Renewed Focus on Worker Misclassification

DOL Proposes Survey on Worker Misclassification

DOL's Misclassification Initiative Continues

Iowa Joins DOL's Independent Contractor Enforcement Posse

Top Issues for Employers in 2013: Social Media & Independent Contractors

The IRS Modifies the Voluntary Classification Settlement Program

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