Georgia

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…

Georgia Lawmakers Could Crack Down on Misclassification 

construction site

  From Construction Citizen, Scott Braddock reports that Georgia legislators may address misclassification issues by adopting the standard put forth by the Georgia Supreme Court.  Scott writes: The battle to rein in the scourge of worker misclassification in the construction industry continues to play out at the national level and in state legislatures. As Construction…

11th Circuit Overturns NLRB: Finds Atlanta-area Stagehands are Independent Contractors

stage crew member or roadie

From The National Law Review, John T. L. Koenig discusses a recent case in which the court said that stagehands were independent contractors in relation to a referral service.  John writes: The 11th Circuit vacated the NLRB’s decision, finding that the stagehands were independent contractors and therefore, the NLRB lacked jurisdiction over the case. The…

Employee Exclusion Applies to Independent Contractor Truck Driver 

18 wheeler with black cab

From JDSupra, Peter Dworjanyn discusses whether an insurance company had to cover a claim made by an independent contractor against an employer.  The case involved the federal motor carrier regulations whose definition of employee included an independent contractor.  49 C.F.R. § 390.5 provides: Employee means any individual, other than an employer, who is employed by an employer…

Public Hearings Examine Use Of Independent Contractors

truck on highway

From WABE, Shelby Lin Erdman reports that Georgia legislators held hearings on misclassification of workers as independent contractors instead of employees. Shelby reports: “Georgia lawmakers are looking into the use of independent contractors and how those contractors are actually classified by the businesses that employ them. A study by the National Employment Labor Project estimates…

State seeks cheating employers

Map of Georgia

From InsuranceNewsNet — Maggie Lee of The Macon Telegraph writes about Georgia House Bill 500 that strengthens Georgia laws.  She writes: “After a short hearing Tuesday, a subcommittee of the House Insurance and Labor Committee unanimously passed Mabra’s bipartisan House Bill 500 to start to do something about the problem. The bill would strengthen two…

Georgia Department of Labor cracks down on independent contractor misclassification

From HR.BLR.com — “For the first prong of the test, Georgia courts have traditionally found that the following factors demonstrate that an individual is free from significant control or direction: There are no territorial or geographic restrictions placed on the worker. The worker isn’t prohibited from working for other companies or holding other employment contemporaneously. The…