News & Analysis as of

Misclassification Risk Management

Obermayer Rebmann Maxwell & Hippel LLP

Independent Contractors: New Department of Labor Guidance Spotlights the Pitfalls of Misclassification

​​​​​​​Employers often find themselves with a sudden need for additional temporary coverage for one or more areas of their business. Maybe a mission-critical but discrete project awaits completion: you need the labor but only...more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - February 10th, 10:00 am - 6:15 pm EDT

Critical Guidance on Managing Covid-19 and More High Stakes Issues Coming Across Your Desk. As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s...more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - August 20th, 10:00 am - 6:45 pm EDT

As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s Virtual Conference on Complex Employment Litigation & Risk Management on August 20th. There...more

Littler

Highest Court in Canada Says Substance, not Form, will Determine Independent Contractor or Employee Status

Littler on

A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor. The fact-specific case, Modern Cleaning...more

Best Best & Krieger LLP

Public Agency Board Members’ Worker Classification Matters for Tax Purposes

Due to the IRS’ different treatment of private sector and public agency boards of directors, it comes as little surprise that many California special districts and public agencies continue to classify their board members as...more

Snell & Wilmer

Dynamex Impact on California Businesses – Revisiting Dynamex One Year Later

Snell & Wilmer on

It has been more than a year since the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, setting forth a new test for determining whether a worker is...more

Seyfarth Shaw LLP

Tips on Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #4: Review Independent Contractor Relationships

Seyfarth Shaw LLP on

Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was...more

The Volkov Law Group

Are Unpaid Interns Worth the Cost (and the Risk)?

The Volkov Law Group on

It is estimated about half of the United States’ 1.5 million internships a year are unpaid, a number that may go up due to changes in the Department of Labor’s (DOL) rules governing unpaid internships. ...more

Williams Mullen

Treating the Cause, Not the Symptom: How to Avoid 10 Employment-Related Liabilities in the Health Care Industry

Williams Mullen on

Companies of all shapes and sizes continually grapple with how to foster and maintain a productive, respectful work environment. Part and parcel of this objective is ensuring that the workplace complies with the various...more

Bond Schoeneck & King PLLC

Human Resources Audits Prove To Be An Effective Risk Management Tool

One of the largest investments an organization makes is in its employees. As organizations grow and evolve, often Human Resources policies and procedures lag behind and are a last area of concern. Experience has repeatedly...more

Troutman Pepper

New California Law Imposes Costly Risks to Companies Using Independent Contractors Supplied by Staffing and Recruiting Firms – But...

Troutman Pepper on

On September 28, 2014, Governor Jerry Brown of California signed a bill that puts a potentially enormous liability risk on companies that use workers supplied by “labor contractors” that fail to pay all wages due the workers....more

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