Category – Independent Contractor: Employment & Labor Insider

Posts in Independent Contractor.

NLRB ruling is a win for the gig economy

3.7.19
Posted in Independent Contractor, Labor Relations

A welcome decision for companies that use contract labor.

By Robin Shea on 3.9.18
Posted in Discrimination, FLSA, Gender Identity Discrimination, Independent Contractor, Labor Relations, Politics, Wage-Hour

Are you in the know?

NC "employee classification" law warrants caution but doesn't change substantive law

By Robin Shea on 8.16.17
Posted in Contingent Workers, Independent Contractor, Unemployment, Wage-Hour, Workers' Compensation

On August 11, Gov. Roy Cooper signed into law the North Carolina Employee Fair Classification Act. The portion of the legislation that deals with worker classifications will take effect December 31.

The legislation does not change existing definitions of “employee” and “independent contractor” under state law but creates an Employee Classification Section of the North ...

Weekly catch-up

By Robin Shea on 6.9.17
Posted in Franchise, Independent Contractor, Politics, Wage-Hour

Trump DOL removes Obama DOL guidance on independent contractors, joint employment. On Wednesday, Secretary of Labor Alexander Acosta removed two Administrator's Interpretations on independent contractors and joint employment issued during the Obama Administration. Here is our Client Bulletin, which I wrote with Jim Coleman, co-chair of our Wage and Hour Practice Group. The ...

Hillary, or The Donald: A voting guide for employers

By Robin Shea on 9.23.16
Posted in Benefits, Class actions, Discrimination, Equal Pay, Family and Medical Leave Act, Independent Contractor, Labor Relations, Lactation, Pregnancy, Sexual Orientation, Wage-Hour

As our regular readers know, Employment & Labor Insider is a non-partisan blog. But with the first Presidential debate coming on Monday night, I thought it would be helpful to look at the two major presidential candidates and their positions on issues of interest to employers.

The following comes from each of the candidates' websites, supplemented by some news stories, with a ...

You've been warned - those independent contractors are probably employees

By Robin Shea on 7.17.15
Posted in Independent Contractor, Wage-Hour

Are you still using "independent contractors"? Get out of here - you know they're really employees!

On Wednesday, I did a very short "breaking news" post on the new Interpretation issued by Wage and Hour Administrator David Weil on when workers are "employees" versus "independent contractors" under the Fair Labor Standards Act.

Here's more.

As employers probably ...

BREAKING: DOL issues memo on independent contractors

By Robin Shea on 7.15.15
Posted in Independent Contractor, Wage-Hour

Law360 reported this morning that the U.S. Department of Labor issued a memorandum addressing the "independent contractor versus employee" issue, taking the position that most workers are actually employees within the meaning of the Fair Labor Standards Act.

We'll have more on this after we've had an opportunity to review it in more depth. Meanwhile, here is the Memorandum

15 for '15: Employment and labor resolutions for the new year

By David Phippen of our Metro D.C. Office.

While the year is still young, here are 15 New Year's resolutions that employers may want to make:

1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest.

2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)

It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square!

Four reasons to be careful about contingent workers

By Robin Shea on 8.9.13
Posted in Discrimination, Employment at Will, Harassment, Independent Contractor, Wage-Hour

Two weeks ago, I wrote about whether harassment training should be offered to employees in "the Twilight Zone" -- mainly, lead persons and contingent workers (temporaries and independent contractors). Reader Paul C. suggested that I do a post on the dangers associated with keeping "temps" too long, which I thought was a great idea. So, Paul, thank you!

In our insecure economy, temps and ...

Workers in "The Twilight Zone" -- should you offer them harassment training?

By Robin Shea on 7.26.13
Posted in Harassment, Independent Contractor

Who should get harassment training, and why?

Executive Team? Of course. These are the leaders. If they don't set an example, then the company is in trouble. And it's hard for them to set an example if they don't know a little bit about workplace harassment and their responsibilities.

Managers? Of course.

HR? What, are you kidding?

Front line supervisors? Absolutely. These folks are the

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