Owner Liable For Unpaid Wages And Liquidated Damages for Misclassifying Workers as Independent Contractors

From Mondaq Employment and HR — “Following an investigation into certain residential treatment facilities for the elderly, disabled and mentally ill, the DOL obtained a  default judgment against the husband and wife owners of the facilities for various wage and hour violations under the Fair Labor Standards Act, including an award of liquidated damages. In Perez v.…

Crackdown leaves firms wary of freelancers

From Business Insurance — “Most often, however, companies make innocent mistakes when trying to interpret labor laws — often in cases where the worker has actually asked to be treated as a contractor, say experts. “Given how complicated the tests are, there is no one thing you can do that will always be the golden bullet that…

Mislabeling construction workers as contractors draws federal scrutiny

From the Houston Chronicle — “Betty Campbell, the Labor Department’s deputy regional administrator for wage and hour in Dallas…said the pervasive practice of misclassifying employees as independent contractors deprives them of the right to earn minimum wage and overtime as well as protection offered by such federal laws as the Family and Medical Leave Act and Americans…

9th Circuit Shows No Affinity For Independent Contractor Status In Delivery Drivers

From Mondaq Employment and HR “In Ruiz v. Affinity Logistics Corporation, the Court of Appeals rejected the district court’s conclusion that Affinity’s drivers were independent contractors, a decision the district court had reached based on the fact that the drivers had established their own businesses, obtained their own Employee Identification Numbers, signed independent contractor agreements, and…