Employee or Independent Contractor? The Risks of Making A Wrong Decision Grow

From California Peculiarities Employment Law Blog —  “Employers use independent contractors instead of employees for a variety of reasons and under a variety of circumstances.  The decision to use independent contractors has never been without risk, including the risk of class action lawsuits.  However, the stakes in California for misclassifying independent contractors were raised significantly when new…

Independent contractor status dependent on more than one factor, says second Colorado court

From  Lexology — “A second division of the Colorado Court of Appeals has just rejected a stringent, single-factor test for determining whether a worker is an employee or independent contractor for purposes of receiving unemployment insurance benefits. On May 8, 2014, a division of the Court of Appeals issued a decision in an unemployment insurance tax liability…

Massachusetts Employers May Be Liable to Out-of-State Employees Misclassified as Independent Contractors

From Holland & Knight — “Massachusetts employers have long labored under the strictures of the Massachusetts independent contractor statute, General Laws c. 149, §148B, which makes it exceptionally difficult to engage workers in Massachusetts as independent contractors rather than employees. A misclassification, coupled with a failure to pay overtime, can result in liability for treble damages plus…

Independent Contractor Compliance: What Employers Need to Consider

From TLNT:  The Business of HR “Independent workers – whether they’re called independent contractors, freelancers or the self-employed – continue to be a significant factor in the American economy. According to Randstad’s Workforce 360 study, 43 percent of the workforce says they are interested in pursuing non-traditional work arrangements, and more than 2.6 million workers…

Massachusetts Independent Contractor Law

Massachusetts blue map

From Morse Barnes-Brown Pendleton, Robert Shea discusses the Massachusetts Independent Contractor Law.  Bob discusses worker classification under federal law and then the various Massachusetts state law tests: Worker Status under Massachusetts Law The Unemployment Compensation Law Test Massachusetts is among nineteen states that have a three-part test for determining worker status for unemployment compensation purposes.…