News & Analysis as of

Misclassification Penalties Independent Contractors

Cole Schotz

New York Enacts Protections for Freelance Workers

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Despite previously vetoing the legislation, Governor Kathy Hochul signed the Freelance Isn’t Free Act (the “Act”) into law on November 22, 2023. The Act is similar to New York City’s law bearing the same name, which has been...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Woods Rogers

Worker Misclassification: Getting Right with the IRS

Woods Rogers on

About a year ago, I wrote an article on Virginia’s new initiative to address worker misclassification regarding employment and income taxes. The Virginia program is an enforcement initiative backed by substantial penalties....more

Woods Rogers

Virginia Tax Department Focus on Worker Misclassification

Woods Rogers on

Effective January 1, 2021, Virginia’s General Assembly added several new provisions to the Virginia Tax Code, Title 58.1 of the Code of Virginia (the “Code”), to address concerns raised by the Virginia Department of Taxation...more

Genova Burns LLC

All Bark, Even Bigger Bite: New Jersey's New Worker Misclassification Protections

Genova Burns LLC on

On January 20, 2020, Governor Murphy signed into law a series of legislative packages aimed at combating worker misclassification and exploitation. These bills will bolster an already-aggressive state department of labor that...more

Fox Rothschild LLP

New NJ Misclassification Laws Increase Compliance Demands On Employers

Fox Rothschild LLP on

A new package of pro-employee laws regarding worker misclassification in New Jersey was recently signed by Gov. Phil Murphy, most of which have already taken effect and carry high-cost penalties...more

Littler

New Jersey Enacts Legislative Package to Add Teeth to Worker Misclassification Laws

Littler on

Seeking to tighten worker misclassification enforcement in New Jersey, on January 20, 2020, Governor Phil Murphy signed into law a package of legislation to add misclassification penalties, allow stop-work orders against...more

Troutman Pepper

Slate of N.J. Laws Require Severance Pay in Mass Layoffs and Increased Penalties for Worker Misclassification

Troutman Pepper on

January 2020 was a busy month for New Jersey’s executive branch. Governor Phil Murphy signed into law at least five workplace-related bills, one of which revised the New Jersey mini-WARN Act, one granting state regulators...more

Best Best & Krieger LLP

Doing Business in 2020: California’s New Workplace Legislation

Part 1: New Labor & Employment Laws Impacting California’s Public and Private Entities - California lawmakers passed a range of employment laws last year aimed to extend benefits and workplace protections to more workers and...more

Seyfarth Shaw LLP

New Jersey Strengthens Enforcement Tools to Crack Down on Independent Contractor Misclassification

Seyfarth Shaw LLP on

Seyfarth Synopsis: Governor Murphy signed 153 bills into law on January 20, 2020, including six (6) that increase enforcement mechanisms for state agencies to impose certain penalties against employers who misclassify workers...more

FordHarrison

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

FordHarrison on

Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

Woods Rogers

Virginia Will Focus On Misclassification Of Workers As Independent Contractors

Woods Rogers on

In August 2018, Governor Northam signed Executive Order 16, which established the Inter-Agency Taskforce on Misclassification and Payroll Fraud. The Taskforce’s purpose was to make recommendations on how to measure and combat...more

ArentFox Schiff

WTA Wage and Hour Changes Increase Risks and Costs on New Jersey Employers

ArentFox Schiff on

New Jersey is one of the more aggressive states in seeking to punish employers for the misclassification of their workers. It recently upped the stakes for employers by enacting the New Jersey Wage Theft Act, which was signed...more

Fisher Phillips

Your Comprehensive Guide to 2018 Proposed California Legislation

Fisher Phillips on

February 16 was the deadline to introduce new bills in the California Legislature. By that date, nearly 2,200 bills were introduced. While that may seem like a staggering amount of legislative proposals (especially for a...more

Bass, Berry & Sims PLC

California Employers Should Remain Cautious when Classifying their Workforce, Notwithstanding More Lenient Federal Policies

Bass, Berry & Sims PLC on

Although the Trump administration rescinded its guidance on worker misclassification earlier this year and appears to have otherwise taken a “softer approach” to misclassification enforcement, California employers should...more

Clark Hill PLC

Worker Classification Update

Clark Hill PLC on

On July 20, 2017, the Internal Revenue Service ("IRS") issued a reminder for small businesses on the importance of correctly classifying workers as employees or independent contractors. Employers failing to do this correctly...more

Buchalter

The Concept Of Independent Contractor Is Under Assault— Especially In California

Buchalter on

The traditional working classification of independent contractor, as we have known it, may soon go the way of the dinosaur, the horseless carriage, and the telegraph. Although perhaps your gardener, pool man or family...more

Arnall Golden Gregory LLP

You might be an Employee if….

On Friday, I used the phrase “Uber Settlement” as (maybe) click-bait to introduce an important, but hidden, issue facing Irish and Northern Irish companies operating in the US. As I noted in that post, many Irish and Northern...more

Arnall Golden Gregory LLP

The “Independent Contractor” Truck Driver, Wage & Hour Laws, the Affordable Care Act, and Safety Regulations

On The challenges that trucking companies face regarding truck drivers continue to expand. One vexing issue facing many companies: Can they continue to treat many of their truck drivers as “independent contractors” as they...more

Proskauer - Law and the Workplace

Affordable Care Act Presents New Risks to Employers Who Misclassify Workers

As our readers know, federal and state departments of labor have intensified their scrutiny of independent contractor arrangements and are coordinating with the federal and state taxing authorities when misclassifications are...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Governor Vetoes Bill To Punish Misclassification Of Trucking Business Employees

On September 9, 2013, New Jersey Governor Chris Christie issued an absolute veto to a bill (A1578) that would have had a serious impact on trucking industry employers in New Jersey. As we previously discussed in the September...more

Holland & Knight LLP

Employment Classification Lessons Learned From Scantland v. Jeffry Knight Inc.

Holland & Knight LLP on

A recent Eleventh U.S. Circuit Court of Appeals decision issued a strong admonition to employers: the misclassification of workers as independent contractors rather than employees may have serious financial and operational...more

Snell & Wilmer

Another Reason Not to Misclassify Employees

Snell & Wilmer on

As reported in prior Snell & Wilmer publications (See September 2011 Workplace Word, October 2011 Workplace Word and January 9, 2013 Legal Alert), there are numerous reasons why employers need to ensure that they do not treat...more

Miller & Martin PLLC

New Tennessee Law Penalizes the Construction Industry For Misclassifying Workers

Miller & Martin PLLC on

Effective July 1, 2013, the Tennessee Department of Labor and Workforce Development (TN DOL) will be authorized to impose penalties on construction companies that avoid paying workers’ compensation premiums by misclassifying...more

Smith Anderson

eTrends - Additional States Join the Federal Department of Labor's Initiative to Detect Misclassification of Employees as...

Smith Anderson on

California and Louisiana recently became the twelfth and thirteenth states, respectively, to enter into a Memorandum of Understanding with the federal Department of Labor ("DOL") as part of the DOL's effort to detect and...more

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