Can Your Independent Contractors be Deemed to be Employees?

From The National Law Review — “New Jersey courts have consistently found that independent contractors are not deemed employees under the LAD, and are therefore not entitled to its protections. When courts must determine whether a claimant is an employee or an independent contractor, they generally consider factors set forth under New Jersey case law (Pukowsky v.…

Delivery Truck Driver was an Independent Contractor, not an Employee, Arkansas Federal Court Rules

From the National Law Review — “A driver who owned and leased his delivery trucks and hired other drivers to make deliveries was an independent contractor, and not an employee entitled to overtime, the U.S. District Court for the Eastern District of Arkansas has ruled. Krupicki v. Eagle One, Inc., No. 4:12-cv-00150, 2014 U.S. Dist. LEXIS 46038…

Illinois Supreme Court Protects Workers, Upholds Constitutionality of Employee Classification Act

From the Law Firm Newswire —  “The Employee Classification Act protects construction workers from being misclassified as independent contractors rather than employees. In the case, Bartlow v. Costigan, the state high court rejected a constitutional challenge by a roofing company that claimed the law was impermissibly vague and violated due process rights. “This is an important ruling…

Are you too cozy with your independent contractors?

From Lexology — “January 1, 2015 is fast approaching, and with it, the first year the employer mandate applies to employers with 100 or more full-time employees (50 in 2016) – the “Play or Pay” rules. In preparation for this new law, employers should review the individuals they treat as independent contractors to be sure they can…

Want To Be Your Own Boss? Here’s Some Good News

From Forbes — “according to a recent Wells Fargo/Gallup poll, being the decision maker outweighs financial rewards, scheduling flexibility and the sense of accomplishment that comes with owning a business. But new data from Sageworks, a financial information company, show that at least in recent years, the financial performance of small businesses has been pretty good,…