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, […]
Sleepy’s and Uber: Driving the Worker Classification Debate?
You may not need me to tell you that 2015 has been an extraordinary year for changes in employment law. While many of the issues in and of themselves are not new, we have seen some cases that provide a new twist. This week’s hot-but-maybe-not-so-new issue is worker classification, i.e. employee v. independent contractor. Yes, […]
How Will the DOL Decide if Your Independent Contractor is Really an Employee?
So the United States Department of Labor thinks most workers should be classified as employees and not independent contractors. That’s not really anything new. The DOL last month issued yet another guidance on this very issue. We got our first overview of the DOL’s guidance last week, which you can find here. The crux of […]
Are Your Employees Properly Classified Under the FLSA?
Happy (almost) Thanksgiving! We have now left the topic of worker misclassification — well sort of, but not really. We were looking at what happens when a company hires workers and misclassifies them as independent contractors when, really, the law defines them as employees. Assuming you have now properly classified your workers as employees, even […]
What Do Businesses Need to Know About Worker Misclassification and the IRS “Safe Harbor” Provisions?
We have been treading the murky waters of wrongly classifying a worker as an independent contractor, when s/he really is an employee. Last week at The Emplawyerologist, we covered the IRS‘s Voluntary Classification Settlement Program (VCSP). Click here for a review.) We now know that the VCSP has a significant downside that businesses need to evaluate. The […]