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 […]
Your Independent Contractor Messed Up — And Now You’re Liable????
If you own or run a business, chances are you have outsourced certain services to independent contractors–and, understandably, you rely on them to do the job well and exercise due care while doing it. Let’s assume for the moment that these particular workers are properly classified as independent contractors. If they mess up the work […]
The Perils of Truck Drivers, Sales Reps and 1099’s
Last week’s discussion about Sleepy’s and Uber drivers steered us back (see what I did there?) toward independent contractor-versus-employee issues. Click here if you missed that post. Many companies hire drivers, call them independent contractors and have no repercussions. Other companies may not have drivers but rely on salespeople hired as “independent contractors” Mmmmm weeell, […]