Category: Misclassification

Posted in Misclassification

Everything Old is New Again: The Department of Labor Returns to the Past with Independent Contractors

From JDSupra, Eric Kinder describes the new independent contractor rule as returning to the past independent contractor…

Posted in Misclassification

The Federal Trade Commission’s Final Rule on Non-Competes: the Baby or the Bathwater?

From JDSupra, Marcia Goodman, Gail Levine, Andrew Rosenman, Richard Snyder, and Ruth Zadikany discuss the rule issued…

construction worker pouring concrete
Posted in Misclassification

United States Department of Labor Obtains Order for Contractor to Pay Wages, Damages, and Penalties for Misclassifying Workers

The United States Department of Labor obtained a consent judgment that requires a Virginia concrete contractor to…

Posted in Misclassification

U.S. Supreme Court: Workers Who Transport Goods Are Exempt from FAA, Regardless of Industry

From JDSupra, Timothy Taylor discusses a recent case in which the United States Supreme Court said that…

Posted in Misclassification

United States Department of Labor Recovers Back Wages Caregivers Misclassified as Independent Contractors

The United States Department of Labor announced another recovery of wages for caregivers misclassified as independent contractors….

Posted in Misclassification

Legal Risk Management: 5 Ways to Proactively Mitigate Risk

From JDSupra, Jeffrey Wolff discusses ways to mitigate risk. Jeff writes:

Posted in Misclassification

Why Was a Carpenter Misclassified as Independent Contractor But a Truck Cleaner Was ‎Not? 

From JDSupra, Richard Reibstein discusses two cases which came to different conclusions — a carpenter was misclassified…

Posted in Misclassification

The Delicate Case for Reclassification of Independent Contractors

From JDSupra, Richard Reibstein discusses two cases in which workers were reclassified from independent contractors to employees…

Posted in Misclassification

The Ever-Evolving Maze of Worker Classification Requirements

From Lexology, Dylan B. Saul discusses the requirements under the United States Department of Labor’s new independent…

Posted in Misclassification

Employers Beware: Worker Misclassification May Be Seen as Anticompetitive Conduct

From JDSupra, Tracey Diamond, Kasia Hebda, and Barbara Sicalides discuss the statements made by the Commissioner of…

Posted in Misclassification

Are Real Estate Agents Independent Contractors Under New DOL Rules?

From JDSupra, Jordan Jeter discusses the new independent contractor rule as it may apply to real estate…

Posted in Misclassification

Can You Legally Get Criminal Background Checks on Independent Contractors?

From JDSupra, Richard Reibstein discusses the risk that obtaining a background check on independent contractor may violate…