This post was written by a guest who requested anonymity. Freelance writing is my passion and companion of days and nights. There was a time when this word (freelancing) was unknown for me, now this is the time when it has become my familiarity among my family, friends and intent community. This is…
From JDSupra, Richard Meneghello discusses the implications of the Department of Labor’s (DOL) withdrawn of its guidance on independent contractors. Richard writes: Some analysts have said this development is “much ado about nothing,” that it is mere window dressing by the administration given that the informal guidance itself never really said anything new. Their view (which…
From JDSupra, Richard J. Reibstein discusses a settlement of a case of entertainment publishing freelancers including a video coordinator and assistant editor for social media. Richard writes: COURT APPROVES CLASS ACTION SETTLEMENT OF IC MISCLASSIFICATION CLAIM BY ENTERTAINMENT PUBLISHING FREELANCERS. A California state court judge has approved a $900,000 settlement of a class action lawsuit filed…
From the Albany Times Union, Matthew Hamilton reports on a decision by an administrative law judge that allows Uber drivers to collect unemployment benefits. Matthew writes: A state administrative law judge has ruled that three Uber drivers in New York City and “all others similarly situated” to them are considered employees, making them eligible for…
From JDSupra, in the May 2017 Independent Contractor Misclassification and Compliance News Update, Richard J. Reibstein reports on the fines imposed in 2016 on Idaho employers for misclassifying workers IDAHO REPORTS IC MISCLASSIFICATION FINES OF $240,000 IN 2016. The Idaho Department of Labor assessed fines in 2016 of $240,000 against employers found to have misclassified workers…
From The Legal Intelligencer, Christian Petrucci discusses a recent case in which the facts were not disputed, only whether, based on the facts, the injured roofer was an employee or independent contractor. Christian writes: The facts of Hawbaker are fairly common, and nicely illustrate the proper analysis. The claimant was injured in November 2013,…
MBO Partners shares a splendid list of the 10 main differences between independent contractors and employees. These are the first 5: 1. Independent contractors operate as their own business Independents may be sole proprietors, or have an incorporated business. They have built these businesses around specialized services they provide—it’s not uncommon for independents to…
From The National Law Review, Greg Guidry discusses a recent case in which an independent contractor was not eligible for protection under the Louisiana environmental whistleblower statute. Greg writes: A recent Louisiana Court of Appeal decision held that an oil and gas landman did not have a claim under the Louisiana environmental whistleblower statute,…
From JDSupra, Aaron Goldstein discusses the impact of the withdrawal of guidance on independent contractor classification saying that it may show that the Department of Labor (DOL) is going to pursue misclassification claims less aggressively but employers can’t relax because of the risk of private lawsuits. Aaron writes: The prior DOL guidance took the…
From JDSupra, Richard J. Reibstein discusses the impact of the Department of Labor’s withdrawal of guidance on independent contractor classification. He indicates that this action is not likely to have a significant impact on the legal landscape. Richard writes: This action today by the Labor Secretary Acosta is likely to be portrayed by many…