Is Injured Worker an Independent Contractor or Employee 

Roofer

  From The Legal Intelligencer, Christian Petrucci discusses a recent case in which the facts were not disputed, only whether, based on the facts, the injured roofer was an employee or independent contractor.  Christian writes: The facts of Hawbaker are fairly common, and nicely ­illustrate the proper analysis. The claimant was injured in November 2013,…

Ten Differences Between Independent Contractors and Employees 

Checklist with yes no options

  MBO Partners shares a splendid list of the 10 main differences between independent contractors and employees.  These are the first 5: 1. Independent contractors operate as their own business Independents may be sole proprietors, or have an incorporated business. They have built these businesses around specialized services they provide—it’s not uncommon for independents to…

Louisiana Court Rejects Landman’s Whistleblower Claim Based on Finding That He Was Independent Contractor

Oil well and sunset

  From The National Law Review, Greg Guidry discusses a recent case in which an independent contractor was not eligible for protection under the Louisiana environmental whistleblower statute.  Greg writes: A recent Louisiana Court of Appeal decision held that an oil and gas landman did not have a claim under the Louisiana environmental whistleblower statute,…

Is Trump’s DOL Pulling Back on Independent Contractor Classification Enforcement? Does it Matter?

DOL with draws guidance june 7

  From JDSupra, Aaron Goldstein discusses the impact of the withdrawal of guidance on independent contractor classification saying that it may show that the Department of Labor (DOL) is going to pursue misclassification claims less aggressively but employers can’t relax because of the risk of private lawsuits.  Aaron writes: The prior DOL guidance took the…

Labor Department Withdraws Independent Contractor Misclassification Guidance Issued in 2015: What Does this Mean for Businesses Using ICs 

DOL with draws guidance june 7

  From JDSupra, Richard J. Reibstein discusses the impact of the Department of Labor’s withdrawal of guidance on independent contractor classification. He indicates that this action is not likely to have a significant impact on the legal landscape. Richard writes: This action today by the Labor Secretary Acosta is likely to be portrayed by many…