On May 20, 2015, Rep. Erik Paulsen (R. Minn.) introduced the Independent Contractor Tax Fairness and Simplification Act of 2015 (HR 2483), a bill that is identical to the bill of the same name that he introduced in 2012 (H.R. 6653). (The publisher of this blog
Richard Reibstein Esq.
As a leading practitioner of enhancing independent contractor compliance and defending against misclassification claims, Richard represents large and small companies in administrative and judicial matters across the country, in addition to his labor/employment and noncompete/trade secrets practices.
New GAO Report on Contingent Workforce Shows 85% of Independent Contractors Are “Content with Their Employment Type”
A comprehensive government report on the contingent workforce made public two days ago revealed surprising data about independent contractors, finding that 85% of independent contractors “appeared content with their employment type.” Perhaps even more unexpected is that significantly more independent contractors (57%) were “very satisfied” with their jobs than those…
April 2015 Independent Contractor Compliance and Misclassification News Update
The leading news in the area of independent contractor compliance and misclassification in April 2015 is the settlement by Macy’s and its logistics company in New Jersey with the delivery drivers and their helpers used by Macy’s to deliver furniture, bedding, and other home furnishings and goods to its customers. …
2015 Update of the White Paper on “Independent Contractor Misclassification: How Companies Can Minimize the Risks”
Five years ago today, a White Paper was published, entitled “Independent Contractor Misclassification: How Companies Can Minimize the Risks,” which was updated in May 2012. During those five years, the White Paper has been the most widely viewed publication written by lawyers representing management on the subject of misclassification of…
March 2015 Independent Contractor Compliance and Misclassification News Update
This past month’s headline developments involve three major developments in the area of independent contractor (IC) misclassification. The first case involves a large department store that agreed to pay most of the costs of an IC misclassification settlement of a class action brought by drivers that signed IC agreements not…
Ride-Sharing Update: Key Motions Decided Today in Independent Contractor Misclassification Class Action Lawsuits
On March 11, 2015, ride-sharing companies Uber and Lyft were the subject of separate decisions by two federal court judges in California, who issued separate decisions yesterday in class action lawsuits brought by drivers of both companies. The drivers allege that Uber and Lyft misclassified them as independent contractors (ICs)…
February 2015 Independent Contractor Compliance and Misclassification Update
This month’s headline developments are a set of cases reported in February dealing with class action IC misclassification claims: the highest court in a key state agreeing to decide whether a worker-friendly test should be used in determining the IC status of a group of workers asserting minimum wage and…
Even an Exotic Dance Club (a.k.a. Strip Joint) Can Comply with Independent Contractor Laws – And Avoid or Defend Against Class Actions
A number of my blog posts since October 2010, including my monthly updates beginning in November 2012, have included reports on hundreds of class action lawsuits including those by exotic dancers against strip clubs. This industry has, by far, the most reported lawsuits involving allegations and findings of independent contractor…
133,000 Misclassified Workers Detected in New York in the Course of 12,000 Audits and Investigations in 2014, According to the State’s Newest Task Force Report on Employee Misclassification
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, resulting in detection of employee misclassification involving over 133,000 workers. Those and other enforcement efforts in…
The 2016 Federal Budget: Targeting Independent Contractor Misclassification as Part of the “Fissured Workplace”
The President released his Fiscal Year 2016 Budget today, February 2, 2015. In furtherance of the President’s budget request, the Labor Department’s Wage and Hour Division provided a 32-page budget justification to Congress for its planned appropriations. The Wage and Hour Division listed its “Key Enforcement Initiatives” for 2015-2016, and…