Earlier today, November 18, 2013, the Wage and Hour Division of the U.S. Department of Labor entered into a Partnership Agreement with the Labor Bureau of the New York State Office of Attorney General and a similar Agreement with the New York State Department of Labor.  Both agreements are…

Yesterday, I noted in a blog post that Senator Bob Casey (D-PA) had announced on November 12, 2013 that he had introduced a bill called the Payroll Fraud Prevention Act of 2013 at a hearing of the Senate Subcommittee on Employment and Workplace Safety. I have obtained an advance copy…

Yesterday, November 12, 2013, Senator Bob Casey (D-PA) convened a hearing of the Senate Subcommittee on Employment and Workplace Safety. Senator Casey mentioned at the outset of the hearing that “independent contractors serve a valuable role in our economy” and that there is no intent on his part or on…

October 2013

In the Courts

• A Florida federal district court denies a cable contracting company’s motion to decertify a conditionally certified class of cable technicians who brought a class action lawsuit against Broadband Interactive alleging that they were misclassified as independent contractors and denied minimum wage and overtime pay under

…

September 2013

In the Courts

• Oregon Court of Appeals concludes that some musicians performing with the Portland Columbia Symphony were independent contractors under the state’s unemployment law. In applying the state statute, the Court disagreed with the Administrative Law Judge’s decision that all of the musicians were employees. Although all

…

In May 2013, both houses of the New Jersey legislature passed the Truck Operator Independent Contractor Act.  The bill (A1578), if enacted, would have created a presumption that parcel delivery and drayage truck drivers in New Jersey are employees and not independent contractors unless they can satisfy…

August 2013

In the Courts

• Car service drivers file proposed nationwide class action lawsuit against Uber Technologies, Inc., a car service company, in a California federal district court seeking a minimum of $5 million in damages.  The complaint alleges that Uber Technologies  misclassified the drivers as independent contractors, breached the

…

The Treasury Inspector General for Tax Administration (TIGTA) conducted an audit to evaluate whether the IRS’s SS-8 program is effectively processing worker determination requests and whether the rulings are being followed.  TIGTA released its Report last month, but little has been written on it.

Background of Form SS-8 Process

By…