Category: United States

Posted in Massachusetts

Misclassification of Independent Contractors: A Challenge for Massachusetts Companies in the Delivery, Taxi, and Livery Sectors

From The National Law Review  — Although Massachusetts uses a seemingly straight-forward, three-prong test sometimes referred to as…

Fedex Van
Posted in California Oregon

Ninth Circuit Reverses District Court, Rules FedEx Drivers in California and Oregon are Employees

From the Employment Law Spotlight  – The driver-as-independent-contractor model has been under attack for years, with federal and…

Posted in Alabama Tennessee

Newspaper carrier is independent contractor

From Lexology — Owen v. Tennessee Valley Printing Company, Inc., No. 2130139 (Ala. Civ. App. 2014) (holding that newspaper deliverer…

Posted in New York

Tutoring Company Misclassified Tutors as Independent Contractors in New York

From Independent Contractor Compliance and Misclassification Legal Blog.–  “TUTORING COMPANY FOUND TO HAVE MISCLASSIFIED TUTORS AS INDEPENDENT CONTRACTORS…

Posted in Oregon

Were Oregon workers independent contractors or employees?

From HR.BLR.com — The Oregon Appeals court said: that freedom from direction and control over the means of…

silhouette of exotic dancers
Posted in Arkansas

More Exotic Dancers’ Misclassification Suits Dispute Clubs’ Business Model

From Bloomberg BNA —  “[C]ourts evaluating exotic dancers’ misclassification cases typically examine the business relationship itself, rather than relying…

Commonwealth of Virginia map
Posted in Virginia

Gov. McAuliffe Signs Executive Order Establishing Inter-Agency Task Force on Worker Misclassification

From NBC29 WVIR Charlottesville, VA News, Sports and Weather — Office of Governor Terry McAuliffe Press Release … Every…

Posted in Texas

Key to maintaining contractor status: Don’t exert too much control over the work

  From Business Management Daily — “There’s a fine line between spelling out expectations and unduly controlling…

Posted in Texas

“Independent Contractor” vs. “Employee” – Has Your Company Made the Right Call?

From the Amarillo Globe-News — “The IRS advises the relationship of the worker and the business must be examined…

West Virginia
Posted in Virginia

Virginia Significantly Raises Worker Misclassification Fines

From Virginia Workplace Law — “On July 1, 2014, the  Virginia Workers Compensation Act (the “VWCA”) significantly increased the…

blue question mark button
Posted in Indiana

What’s the Difference between an Employee and Independent Contractor?

From Hankins Law — “Characteristics of an Independent Contractor An independent contractor will perform tasks for your…

California
Posted in California

California Supreme Court Holds Independent Contractor Misclassification Claims Can Be Determined by Common Proof – But Only in Certain Circumstances

From  Littler Mendelson — [note:  this is the best article I’ve seen on the Ayala v. Antelope Valley Newspapers,…