In a recent decision, the National Labor Relations Board (NLRB) has changed how determinations will be made to determine whether a worker is an independent contractor or not. In previous decisions, the NLRB has said that it would prioritize the entrepreneurial opportunities of a worker to determine whether they qualify as an independent contractor. In this decision, however, they have said they will look to a wide variety of factors to determine if someone qualifies for that classification.
According to the New York State Department of Labor, there have been more than 31,000 employee misclassification cases in the state since 2007. While this is sometimes the result of an honest mistake, some employers will intentionally misclassify their employees as independent contractors, resulting in serious legal and financial problems. But why might an employer intentionally misclassify someone as an independent contractor? Continue reading “Why Might You Be Misclassified as an Independent Contractor?”
Broadly speaking, there are two primary types of workers: employees and independent contractors. While this may not seem especially relevant to some people, the legal distinction between the two is incredibly important. Depending on whether you are an employee or independent contractor, you could have far different protections and responsibilities to your employer. Here are five things you should know about independent contractors:
When most people think of the relationship between an employer and a worker, they envision something like the archetypical employee. The worker goes into the place where they’re employed, works however long they’re scheduled to work, and goes home at the end of the day. However, some workers aren’t employees, but are instead independent contractors, and things work a little differently for them. Continue reading “What is an Independent Contractor?”
Across the country, more employers are hiring individuals on an as-needed basis. This often leads to denying workers benefits such as health insurance, overtime, and sick pay, among others. Hiring employees on an as-needed basis may be a violation of the Fair Labor Standards Act (FLSA). The Department of Labor has set forth a legal test to determine whether or not a worker is considered an employee or a contractor.
Continue reading “Misclassifying Employees as Independent Contractors”
All companies must now be familiar with the Labor Department’s new rules defining independent contractor versus employee status for several reasons. In addition to working for principals as an independent worker, many rep firms hire employees to assist in their businesses. When are workers employees? When are they contractors? These are differences in definitions that have huge legal implications.
A September 1, 2014 report by the New York Times, revealed an increase in lawsuits across the nation, charging various employers of violating minimum wage and overtime laws. Some of the allegations include erasing work hours and wrongfully taking employees’ tips.
Both federal and state officials argue that more companies are violating wage laws than ever before. Officials speculate that these violations are motivated by competition and higher profits. However, another argument supposes that the structure of these businesses essentially incentivizes wage theft due to their organizational structure.
Gov. Andrew Cuomo signed an act earlier this year that will have a significant impact on employers in the transportation industry by changing the tests used to determine whether a worker is an employee or an independent contractor. The act, titled the “New York State Commercial Goods Transportation Industry Fair Play Act,” takes effect on March 11 and amends the New York Labor Law.