On January 10, 2014, Governor Andrew Cuomo signed into law the New York Commercial Goods Transportation Industry Fair Play Act (S5867-2013; A5237b). The new law targets transportation and delivery companies in New York that classify as independent contractors certain drivers that deliver commercial goods in the state.
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Major Change in Law of Independent Contractors: The New York Commercial Goods Transportation Fair Play Act
Reprinted with permission from the November 27, 2013 edition of the New York Law Journal ©2013 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. For information, contact ALMReprints.com, 877.257.3382 or reprints@alm.com.
A new bill that will significantly limit the use of independent contractors to…
July 2013 Monthly Independent Contractor Compliance and Misclassification Update
July 2013
In the Courts
- U.S. Court of Appeals for the Eleventh Circuit reverses a Florida federal district court decision granting summary judgment to a cable, internet, and digital telephone company on its technicians’ class action misclassification lawsuit brought under the overtime and minimum wage provisions of the Fair Labor
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2015 White Paper: “Independent Contractor Misclassification: How Companies Can Minimize the Risk”
(2019 White Paper in progress) This 2015 White Paper, “Independent Contractor Misclassification: How Companies Can Minimize the Risks,” updates the 2012 White Paper of the same name. The original version of this White Paper was first published on April 26, 2010. Each version of the White Paper has been authored…
3PDelivery: Independent Contractor Misclassification Costs Mount for IC-Dependent Trucking, Delivery, and Transportation Companies
My two prior blog posts have focused on the rising costs of misclassification liability for trucking, delivery, and transportation companies and the industry’s efforts to avoid such costs when confronted by state laws governing the status of independent contractors (ICs). One of the ways in which such companies have been…
February 2013 Monthly Independent Contractor Compliance and Misclassification News Update
February 2013
In the Courts:
- Lowe’s Home Centers is sued by construction material installer engaged in installing fences, roofs, siding and decks for Lowe’s customers in a class action misclassification lawsuit. The installer seeks to represent himself and all other similarly situated installers under the Illinois Employee Classification Act, seeking
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White Paper: Independent Contractor Misclassification Update 2012 – How Companies Can Minimize the Risks
“Misclassification of employees as independent contractors” is now a common phrase uttered by state and federal legislators and regulators. State task forces have been formed to crack down on businesses that do not pay unemployment insurance and workers’ compensation premiums or withhold taxes for workers whom the states believe…
The Fair Playing Field Act of 2012: Congress Is Trying Once Again to End ‘Safe Harbor’ for Businesses that May Have Misclassified Employees as Independent Contractors
Fair Playing Field Act of 2010: The End of ‘Safe Harbor’ for Businesses Misclassifying Employees as Independent Contractors
In the past three years, 16 states have passed legislation seeking to curtail the misuse of the independent contractor classification. Yet, despite congressional studies finding that misclassification contributes to the federal and state tax gaps and deprives misclassified employees of workplace protections, Congress has not made independent contractor legislation a national priority until this year.
Now, the second of two bills has been introduced in Congress this year that will not only discourage businesses from continuing to issue Form 1099s to workers who are not legitimate independent contractors, but also will impose obligations on businesses to inform individuals they treat as independent contractors how to challenge their classification.
While the other shoe may be about to drop on companies that may be misclassifying employees as independent contractors, Congress has tempered this latter bill by including a limited form of amnesty for businesses that have had a reasonable basis for past misclassifications.
Neither of the two federal bills, if enacted, would legislate an end to the use of independent contractors; rather, businesses may continue to use independent contractors if they satisfy the legal tests for independent contractors under federal and state laws. As set forth in a forthcoming blog post on this site, businesses can avail themselves of timely alternatives to the costly and often unacceptable alternative of reclassifying independent contractors as employees.
IndependentContractorCompliance.com: A Legal Resource Promoting Compliance with Laws Permitting the Use of Independent Contractors
This is the first blog post for IndependentContractorCompliance.com, a website dedicated to three objectives:
- Collecting and maintaining legal resources on the subject of independent contractors misclassification and compliance for use by lawyers representing businesses, contractors, and employees as well as the general public including companies, freelancers, consultants, government agencies,
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