(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
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April 2013 Monthly Independent Contractor Compliance and Misclassification Update
April 2013
In the Courts
- New York federal district court grants plaintiffs’ motion for class certification in lawsuit alleging that the United States Tennis Association (USTA) misclassified U.S Open umpires as independent contractors and failed to compensate them with overtime pay in violation of the New York Labor Law and
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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…
Pennsylvania Cracks Down on Independent Contractor Misclassification in the Construction Industry; Governor Signs Law that Imposes Strict Standards, Substantial Fines, and Criminal Penalties
On October 13, 2010, Pennsylvania Governor Ed Rendell signed into law the Construction Workplace Misclassification Act, joining a growing number of states that have targeted an industry where misclassification of employees as independent contractors is believed to be most prevalent.
The law, which takes effect in 120 days following enactment, creates a strict definition of “independent contractor.” No individual can be classified as an independent contractor unless he/she meets a three-part test where the individual:
(A) has a written contract to perform services with the construction industry business;
(B) is free from control or direction over the performance of such services under the contract and in fact; and
(C) is customarily engaged in an independently established trade, occupation, profession or business.
This type of three-part standard is commonly called an “ABC” test – but the Pennsylvania standard is less onerous than the “ABC” laws governing independent contractors in the construction industry in New Jersey and New York, for example. (Click “More” for link to “Steps to Ensure Compliance” below.)
Articles by this Blog’s Publisher on Independent Contractor Misclassification and Compliance
Articles by this Blog’s Publisher on Independent Contractor Misclassification and Compliance, 2008 to present (63 articles)
2024 (3 articles)
- “Commentary: NLRB Poised to Rule that Independent Contractor Misclassification Alone Violates the Law, But Ruling Not Likely to Survive Court Review,” Locke Lord Workforce Watch, October 2024
- “Some Individuals Acting
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‘IC-Neutral’, ‘IC-Minus’ and ‘IC-Plus’ Legislation, Rule-Making and Court Decisions
Legislators, regulators, and even some courts have sought to alter the status quo in terms of the test for independent contractor status under different laws. Some have taken the approach that a well-established federal or state law test for determining IC status balances the competing interests of promoting legitimate IC…
IC Laws: State and City Laws Enacted and Federal Bills Proposed (Since July 2007)
Federal and state legislative initiatives to curtail misclassification of Independent Contractors began in the second half of 2007, as noted in an early article on the topic authored by the publisher. Cities have also enacted ordinances related to independent contractors. The municipal laws are found after the state laws below.…