Tag: misclassification

North Carolina worker misclassification law takes effect December 31

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 […]

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Gambling on independent contractor status? Stack the deck in your favor

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 […]

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Looking for solutions to the talent gap? Don’t forget legal concerns

Employers in an array of fields lament a shortage of talent. Sometimes employers are able to attract a flood of eager applicants, but few possess the skills and qualities needed. Other times, employers need people for special, short-term projects, and they don’t want to take on full-time, permanent employees to get the job done. No […]

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How do we explain the need to change the FLSA overtime exemption?

by Jo Ellen Whitney This summer, the U.S. Department of Labor (DOL) indicated that under new Fair Labor Standards Act (FLSA) regulations issued in May, it might be necessary for various employers to change some workers’ overtime exemption. In a blog post on the DOL website, the agency also indicated that employees would be thrilled […]

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Going down the class-action Tran-Canada Highway

by Kyla Stott-Jess and Mitchell Barnard The phrase “class action lawsuit” can strike fear in the executive ranks of any large company. The development of class action law in in the employment context has been slower north of the 49th parallel than in the United States. Recently, though, a line of cases has been paving […]

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Sharing is caring: Are Uber, Lyft drivers independent contractors?

by Ryan B. Frazier Whether workers are properly classified as employees or independent contractors has been an increasingly hot topic in discussions about the American labor market. Independent contractors are deemed to own their own business, making them responsible for covering most of their own business expenses, taxes, and costs. Worker classification is governed by […]

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Employers need to be ready for new overtime rule by December 1

The flurry of speculation is finally over. The White House and the U.S. Department of Labor (DOL) have released the new final rule governing which workers must be paid overtime. The changes aren’t quite as drastic as what employers were preparing for based on the contents of the proposed rule made public last summer, but […]

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Employers face greater scrutiny for employee misclassification

by Ryan B. Frazier Employers sometimes classify employees incorrectly under the law. For example, employees may be treated as independent contractors, who are considered self-employed. Although misclassification may be intentional, it is most often done mistakenly under a belief that workers are properly classified.  Employees are misclassified for many reasons. Employers may try to avoid […]

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Uber class action ruling expected to have national implications

A San Francisco judge’s ruling granting class action status to possibly thousands of Uber drivers carries implications that “go well beyond California,” according to an attorney closely watching the case. U.S. District Judge Edward Chen ruled September 1 that a group of Uber drivers in California can sue as a class as they argue that […]

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