Arizona

5 Keys to New AZ IC Law 

Arizona

  From JDSupra, John Doran offers his guidance on the keys to the new Arizona independent contractor law.  John writes: There are 5 points of note with respect to HB 2114. Once again, it is purely voluntary—you don’t have to have a Declaration in place, and the lack of a Declaration will not be used against you when…

AZ contractor ordered to pay $48K in worker misclassification case 

construction workers

    From Construction Dive, Kim Slowey discusses an Arizona contractor who was ordered to pay $48,000 in back wages to workers misclassified as independent contractors.  Kim writes: The U.S. Department of Labor has ruled that Arizona homebuilder DCO Custom Builders must pay $48,000 in back wages and penalties for misclassifying workers as independent contractors…

New Arizona law allows independent contractors to declare their status

Arizona

  From HR.BLR.com, Dinita L. James shares information about a new Arizona statute that allows independent contractors to file a declaration of independent business status.  Dinita writes: The law provides a form called a declaration of independent business status (DIBS) to help determine if a worker should be classified an independent contractor or an employee.…

New Arizona Legislation May Affect the Interests of Arizona Businesses and Employers 

Arizona

      From JDSupra, Kendra Haar, Philip Higdon, and Jill Ripke discuss new legislation in Arizona that allow businesses and independent contractors to define their relationship by executing a Declaration of Independent Business Status (DIBS).  They write: The statute, entitled Declaration of Independent Business Status (DIBS), is intended to lay the groundwork for independent contractors and businesses to…

Arizona staffing provider to pay $151,000 in misclassification case

waitress with white shirt and black tie

    Staffing Industry Analysts (SIA) reports than Arizona staffing company agreed to pay $151,000 after it misclassified workers as independent contractors.  SIA reports: An investigation by the US Department of Labor’s Wage and Hour Division found Allstars Staffing misclassified hundreds of servers, bussers, cooks, dishwashers and banquet staff as independent contractors rather than employees. Allstars…

Arizona Aims to Clarify Independent Contractor Issues 

Arizona

  NFIB reports on a new bill in the Arizona legislature that would shift the burden from a company to the auditing agency.  NFIB reports: Arizona business owners often face a difficult task in defining who is and is not an independent contractor. The rules are established by a variety of agencies, leaving businesses open…

Misclassifying Arizona employees as independent contractors could prove costly

Arizona the Grand Canyon State Welcomes You

  From HR.BLR.com, Jodi R. Bohr reports that two Resident Assistants (RAs) at a facility owned by the city of Phoenix were misclassified as independent contractors and should have been treated as employees. Jodi writes: In determining whether the RAs were independent contractors or employees, the court reviewed the economic realities of the relationship and…

Managing the employment relationship in Arizona

Arizona the Grand Canyon State Welcomes You

From Lexology, Joseph T. Clees, Meaghan K. Kramer, and Christopher J. Meister of Ogletree Deakins share information on managing the employment relationship in Arizona including guidance on classifying workers properly as employees or independent contractors.  They write: Misclassification Are there state-specific rules regarding employee/contractor misclassification? Arizona courts look at the totality of the circumstances when determining whether an employee has…

Arizona medical transport firms facing penalties, back wages for misclassified drivers 

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From the Phoenix Business Journal, Angela Gonzales reports that medical transport firms were required to pay back wages for drivers who were misclassified as independent contractors.  Angela writes: U.S. Department of Labor is cracking down on medical transport companies in Arizona for failing to correctly classify their drivers. The most recent company to feel the…

Employers Beware! Government Agencies Are Out To Bust You For Misclassifying Your Employees As Independent Contractors

Arizona the Grand Canyon State Welcomes You

From JDSupra, David Farren from Jasburg Wilk discusses the attention being given to the proper classification of workers as employees or independent contractors by both state and federal authorities.  He describes some of the various tests including Arizona’s “Right To Control” test, the Economic Reality test used for the Fair Labor Standards Act (FLSA), the…