Are Georgia firms cheating 1,000s of workers out of benefits, health care?

  From PolitiFact Georgia, Jon Greenberg discusses misclassification in Georgia inlcuding a case in which an administrative judge found that a company that required drivers to form limited liability companies (LLC) and paid them as independent contractors had misclassified the workers.   Jon writes: With health care policy in limbo in Washington, the politicians who would like…

Insurance Agents as Employees? Court Breaks Independent Contractor Precedent 

insurance agent

  From JDSupra, SoRelle Brown, Adam Cohen, Kristine Ellison, Patrick Gennardo, Phillip Stano and Gail Westover discuss a recent case in which insurance agents were determined to be employees.  They write: On August 1, 2017, the US District Court for the Northern District of Ohio held that insurance agents working under independent contractor agreements with an insurer were employees for purposes…

Is My Noncompete With an Independent Contractor Enforceable? 

  From JDSupra, Kevin Burns discusses a recent case in which the court said a non-compete agreement was not enforceable under Iowa law.  Kevin writes: The Eight Circuit recently addressed this question in Ag Spectrum Co. v. Elder, Case No. 16-3113 (8th Cir. August 2, 2017). In that case, Ag Spectrum contracted with Vaughn Elder to work as…

Why You Should Care About Compliance

Gene Zaino

  From Forbes, Gene Zaino discusses reasons why you should care about compliance.  Gene writes: Here are three reasons compliance should be top of mind for all organizations that engage independent professionals. Compliance Aids In Proper Classification Classification of independent contractors is not a clear-cut process. Federal, state and local government agencies use a variety…

Joint Employment Game Changer? Proposed Law Would Radically Alter Definition In Employers’ Favor

congress capitol hill

  From JDSupra, John Polson discusses a bill (HR 3441) which would change the definition of “joint employment” to reduce the number of parties liable for wage and hour and labor law lawsuits.  This is particularly interesting for the question of classification of a worker as an employee or independent contractor because companies are concerned about labor…