by Patricia Heyen The North Carolina Employee Fair Classification Act (EFCA), which will take effect on December 31, provides a mechanism that allows workers to more easily report—and state agencies to more easily prosecute—employers that misclassify workers as independent contractors instead of employees. The new law increases the potential impact of worker misclassification, including higher […]
Tag: Independent Contractors
With lawsuits against ride-sharing companies like Uber and Lyft in the news, the issue of whether a worker is an independent contractor or an employee has been getting quite a bit of attention recently. The following case involved an employee performing what now seems like an almost old-fashioned occupation: taxicab driver.
by Jackie VanDerMeulen Organizations’ use of independent contractors (often also referred to as consultants) as opposed to actual employees has grown significantly over the years. This trend comes as no surprise in a changing economy where particular skill sets are required at specific times and where flexibility is a key driver of success. In some […]
by Gary S. Fealk Smart businesspeople are adept at finding ways to reduce their costs. However, cutting costs associated with employment by using independent contractors is a big risk unless you take great care to make sure you aren’t misclassifying employees as independent contractors. What’s all the fuss about? Various government agencies have been increasingly […]
The U.S. Department of Labor (DOL) has withdrawn two major Obama-era guidance documents, one addressing joint employment and one dealing with independent contractors. The move, while not a surprise, is good news for employers, according to H. Juanita Beecher, an attorney with Fortney & Scott and editor of Federal Employment Law Insider. The Obama administration […]
by Zach Morahan and Shannon Kane New York City’s new “Freelance Isn’t Free Act,” which goes into effect May 15, requires written contracts for many freelance jobs worth $800 or more and provides for stiff monetary remedies if the hiring party tries to avoid paying the freelancer for work performed. Under the new law, a […]
Question: We are seeking clarification on hours worked for overtime pay. We have an employee who works as a “contractor” outside regular working hours, such as weekends. We are looking for guidance on when we will have to pay overtime; if allowing the employee to work as a “contractor” on the weekends will still count […]
by Leslie E. Silverman The Equal Employment Opportunity Commission (EEOC) broke new ground in late 2012 with the release of its first Strategic Enforcement Plan (SEP) publicly identifying its top enforcement priorities. Since that time, the EEOC’s enforcement and litigation program has largely focused on the priority areas laid out in the SEP: Eliminating barriers […]
By Kevin C. McCormick The U.S. Court of Appeals for the 4th Circuit—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia—recently held that a group of exotic dancers are employees under the Fair Labor Standards Act (FLSA), not independent contractors. Consequently, the dancers are entitled to minimum wage for all hours they work […]
An employer and its staffing company will pay $1.1 million in back wages and another $1.1 million in damages to resolve U.S. Department of Labor (DOL) findings that they intentionally misclassified workers as independent contractors.