You’re a savvy business owner. You make good investment decisions, hire good people to work for you and you watch your costs. You are a fair person. You’re not racist or sexist. You try to keep things simple. Then you have a difference of opinion with someone who works for you. S/he sues, alleging discrimination […]
Your “Independent Contractors” Are Probably Employees — and That’s a BIG Problem…
I know, I’ve written before about mis-classifiying workers as independent contractors, when legally they are really employees. I wrote in more detail about that here. So why am I back on that topic? For one thing, it’s not going away, and it’s not likely to any time soon. The IRS, the USDOL and their State […]
Is the DOL Now Going “Soft” on Joint Employers and Worker Classification?
In the past few years, under the Obama Administration we saw the definitions of “joint employment” and “employee” expand. In its Administrative Interpretation 2016-01 issued in January 2016, the DOL took the position that “[t]he concept of joint employment, like employment generally, should be defined expansively under the FLSA and MSPA.” It also differentiated between “horizontal” joint […]
Misclassifying Workers Could Get You in Hot Water With… the NLRB
Mention the words “worker misclassification” and many business executives will start to feel the hairs on the back of their neck stand on end. What do you think of when you hear that phrase? The IRS? The Department of Labor? Back taxes? Penalties and fines for unpaid workers’ compensation? Affordable Care Act issues? Wage and hour […]
What Do You Get When You Mix Independent Contractors and Non-Competes?
The short answer is…. well, there is no short answer. What? Do independent contractors and non-compete agreements mix or not? Maybe. Most often probably not, but sometimes yes. OK, that’s more double-talk than usual. What gives? When can and can’t a company compel an independent contractor to sign a binding non-compete without risk of […]