Articles by this Blog’s Publisher on Independent Contractor Misclassification and Compliance, 2008 to present (56 articles)

2022 (3 articles)

  • “Who’s an Independent Contractor? Even More Regulatory Ping-Pong That Doesn’t Change the Law,” JD Supra, October 12, 2022
  • “Why NLRB is Unlikely to Succeed in Misclassification Case,” Expert Analysis, Law360, May 20, 2022
  • “Is Independent Contractor Misclassification a Violation of the National Labor Relations Act?,” Locke Lord Workforce Watch, May 2022.

2021 (3 articles)

  • “What About Vaccination Mandates for Independent Contractors?” JD Supa, October 22, 2021
  • “Can a Company Require an Independent Contractor To Be Vaccinated?” JD Supra, October 5, 2021
  • “Biden Administration’s Withdrawal of Trump’s Independent Contractor Rule: Just As Meaningless As the Rule It Withdrew,” JD Supra, May 6, 2021

2020 (6 articles)

  • “CARES Act II – Independent Contractors Gain 11-Week Extension of Unemployment Assistance,” JD Supra, December 24, 2021
  • “Biden Independent Contractor Plan Sends Confusing Message,” Law 360 Expert Analysis, November 10, 2020
  • “Should Independent Contractors Sign Covid-19 Liability Waivers?” Bloomberg Law Insights, July 21, 2020
  • “Businesses Address New Unemployment Options for Independent Contractors,” Construction Executive Journal, April 29, 2020
  • “Independent Catering and Event Professionals Eligible for Unemployment Assistance Under Federal CARES Act Stimulus Bill,” National Association for Catering and Events Journal, March 31, 2020
  • “Independent Contractor Misclassification and Compliance Law: 2010 – 2020, Bloomberg Law Professional Perspectives, January 20, 2020

2019 (2 articles)

  • “Existing Law Can Likely Solve Contractor Misclassification,” Law 360 Expert Analysis, December 16, 2019
  • “How to Evaluate Portfolio Companies for Independent Contractor Misclassification,” Private Equity Law Report, June 18, 2019

2018 (6 articles)

  • “Ten Tips for Drafting Arbitration Agreements with Class Action Waivers in Independent Contractor Agreements,” Bloomberg BNA, Daily Labor Reporter, November 8, 2018
  • “Unanswered Questions After Dynamex, and What Lies Ahead,” Law360, May 4, 2018
  • “Oil Patch is Hotbed of Independent Contractor Misclassification,” E&P Magazine, May 2, 2018
  • “Independent Contractor Misclassification: Class Action Lawyers Now Targeting the Insurance Industry,” InsureReinsure Blog, April 10, 2018
  • “What to Expect in Independent Contractor Misclassification and Compliance Law in 2018 (Part 2),” Bloomberg BNA, Daily Labor Reporter, January 5, 2018
  • “Five Key Independent Contractor Legal Developments in 2017 (Part I),” Bloomberg BNA, Daily Labor Reporter, January 4, 2018

2017 (2 articles)

  • “Expert Analysis: DOL Independent Contractor Landscape Likely Won’t Change,” Employment Law 360, June 7, 2017
  • “New York City Freelancer Law May Have Nationwide Impact on Independent Contractor Relationships,” Employee Relations Law Journal, Spring 2017

2016 (5 articles)

  • “Your Own Agreements Can Be Your Worst Enemies in IC Misclassification Cases,” HR Specialist, November 2016
  • “Trump’s Impact on Independent Contractor Misclassification,” Law360, November 10, 2016
  • “Defects in Freelance Bill,” New York Law Journal, November 3, 2016
  • “Lessons Unlearned: Franchisor and Independent Contractor Agreements Can Be Kiss of Death,” Lexology, September 22, 2015
  • “What Employers Need to Know About New Federal Law Protecting Trade Secrets and Confidential Information” [DTSA applicable to ICs], Lexology, May 11, 2016

2015 (6 articles)

  • “Labor Department’s New Guidance on Independent Contractor Misclassification is Nothing New Legally, But Will Reinvigorate the Crackdown on the Use of Contractors,” Lexology July 15, 2015
  • 3-Part Series on “The Costs of Worker Misclassification,” published in the Class Action and Employment sections of Law360, July 7-9, 2015
  • “Is Your Company on the Independent Contractor Hit List?”, Guest Post published in Forbes, June 16, 2015
  • The 2015 White Paper on “Independent Contractor Misclassification: How Companies Can Minimize the Risks,” Lexology, April 26, 2015, April 27, 2015
  • “Ride App Class Actions May Impact 1099 Business Model,” published in the Class Action, Employment, and Technology sections of Law360, March 30, 2015
  • “New Jersey Sets Low Bar for Workers Filing Independent Contractor Misclassification Suits,” Lexology, January 15, 2015

2014 (2 articles)

  • “1099ers Exposing Startups, Private Equity Firms to Costly Liability,” published in the Class Action, Employment, Mergers & Acquisitions, Private Equity, Tax, and Technology sections of Law360, September 23, 2014
  • “Earthquake in the Independent Contractor Field: Changed Landscape Following Legal Blow to FedEx Ground by Federal Appellate Court,” LexologyAugust 29, 2014

2013 (3 articles)

  • Major Change in Law of Independent Contractors: The New York Commercial Goods Transportation Industry Fair Play Act,” New York Law Journal, November 27, 2013
  • “Congress Re-Introduces Independent Contractor Misclassification Law,” Mondaq, November 15, 2013
  • “Hidden Due Diligence Risk in Mergers, Acquisitions and Investments: Independent Contractor Misclassification Oftentimes Overlooked by Private Equity Firms, Hedge Funds and Other Investors,” American Bar Association’s Business Law Today, January 23, 2013

2012 (5 articles)

  • “New Misclassification Bill Introduced in Congress: The “Independent Contractor Tax Fairness and Simplification Act of 2012” Seeks to Eliminate “Safe Harbor” for Businesses,” Lexology, Dec. 13, 2012
  • “How Companies Can Minimize the Risks of Independent Contractor Misclassification,” Tax Management Compensation Planning Journal, 40 CPJ 207, Aug. 3, 2012. Copyright 2012 by The Bureau of National Affairs, Inc. (800.372.1033)
  • “Update on Independent Contractor Misclassification: The States Have Taken the Lead in Cracking Down,” The HR Specialist, June 25, 2012
  • White Paper: “Independent Contractor Misclassification Update 2012: How Companies Can Minimize the Risks,”  Lexology, May 14, 2012
  • “Fair Playing Field Act of 2012: Congress Trying Again to End ‘Safe Harbor’ for Businesses that May Have Misclassified Employees as Independent Contractors,” Lexology , Mar. 5, 2012

2011 (3 articles)

  • “Congress Reintroduces the Employee Misclassification Prevention Act that Would Make Misclassification of Employees as Independent Contractors a Federal Offense”, Lexology , Oct. 17, 2011
  • “Independent Contractor Misclassification Update: IRS’s New Voluntary Classification Program Adds Another Choice for Companies Concerned About Their 1099ers,” Lexology, Sept. 23, 2011
  • “The Payroll Fraud Prevention Act: New Congressional Bill Seeks to Crack Down on Independent Contractor Misclassification,”  Lexology, Apr. 14, 2011

2010 (7 articles)

  • “Pennsylvania Cracks Down on Independent Contractor Misclassification in the Construction Industry: Governor Signs Law that Imposes Strict Standards, Substantial Fines and Criminal Penalties,” Lexology, Oct. 14, 2010
  • “Fair Playing Field Act of 2010 Would End ‘Safe Harbor’ for Businesses Misclassifying Employees as Independent Contractors,” Lexology, Sept. 17, 2010
  • “NYS Construction Industry Fair Play Act: An End to Independent Contractors?”, New York Law Journal, September 9, 2010
  •  “Bill Addresses Independent Contractor Misclassification,”  The Legal Intelligencer, May 24, 2010
  • “Bills Introduced in Congress Would Make Employee Misclassification a Federal Labor Law Violation,” National Law Journal, May 4, 2010
  • The White Paper on “Independent Contractor Misclassification: How Companies Can Minimize the Risks,” LexisNexis Legal Newsroom, Apr. 26, 2010
  • “Independent Contractor Alert: Feds on the Lookout for Misclassification,” HR Specialist, Mar. 26, 2010

Prior to 2010 (3 articles)

  • Construction Industry Misclassification of Workers,” Construction Accounting and Taxation (ThomsonReuters Pub.), July/Aug. 2008
  • “The Risk of Using Independent Contractors: Government Initiatives, Employee Challenges Make Companies Review Classification Practices,” New York Law Journal, GC New York, May 15, 2008
  • “Independent Contractor High Alert – The IRS and State Labor Departments Take Aim at Employee Misclassifications: How Employers Can Minimize Their Liability Risks,” HR Advisor (Thomson/West Pub.), January/February 2008