Category: Misclassification

Posted in Misclassification

Stark Law and “Financial Relationships”—What They Are and Why They’re So Risky

From JDSupra, Dominic Totman provides an excellent review of the Stark Law and Anti-Kickback Statute which restricts…

Posted in Misclassification

The Year Ahead 2026: the Administration and Independent Contractors 

From JDSupra, Jackson Lewis P.C. provides a terrific overview of what to expect in 2026 from the…

Posted in Misclassification

Independent Contractor or Employee? Eleventh Circuit Says Real-World Facts – Not Contracts 

From JDSupra, Kameron Smithers, Michael Turner, and Abigail White discuss a case in which the court said…

Posted in Misclassification

Washington Employment Law Update: Key Changes Effective January 1, 2026, and High-Risk Compliance Reminders 

From JDSupra, Neela Brocato, Emily Bushaw, and Heather Shook discuss changes to the state of Washington’s employment…

Posted in Misclassification

United States Department of Labor Expected to Issue New Rules for Independent Contractor and Joint-Employer Tests in 2026

From JDSupra, James Plunkett discusses provides a preview of what to expect in 2026 including actions by…

Posted in Misclassification

United States Department of Labor Submits Proposed Independent Contractor Rule to White House Office of Information and Regulatory Affairs for Review

From JD Supra, Maury Baskin, Alexander MacDonald, Shannon Meade, and James Paretti, Jr. discuss updates on federal, state,…

Posted in Misclassification

Franchisors Remain Under Attack for IC Misclassification

From JDSupra, Richard Reibstein discusses recent cases in which franchisees allege that the franchisor misclassified them as independent contractors…

Posted in Misclassification

United States Department of Labor (DOL) Submits for White House Review New Rule on Employee or Independent Contractor Classification

The tracking page for the Office of Information and Regulatory Affairs (OIRA)—within the Office of Management and…

Posted in Misclassification

Second Circuit Court of Appeals Says Contracts with Single Employee Corporations Are Employment Contracts

In Silva v. Schmidt Baking Distribution, LLC, No. 24-2103 (2d Cir. 2025), the Second Circuit Court of…

Posted in Misclassification

What to Expect in 2026: New Jersey Employment Law Developments and Posting Mandates

From JDSupra, Denise Merna Dadika, Gianna Dano, and Eric Emanuelson Jr. discuss possible changes to New Jersey laws…

Posted in Misclassification

Legal Industry Becoming a Target for Independent Contractor Misclassification Claims

From JDSupra, Richard Reibstein discusses the second case in six months involving misclassification claims in the legal…

Posted in Misclassification

Independent Contractor Misclassification: Labels Don’t Shield Liability, Says Eleventh Circuit

From JD Supra, Sarah Goodman discusses a recent case in which the court said that labels do…