On January 9, 2024, the U.S. Department of Labor (DOL) issued a final rul e on determining independent contractor status under the Fair Labor Standards Act (FLSA) that will take effect on March 10, 2024. The new rule replaces the i ndependent c ontractor r ule...
As an employer, it is vital to understand the differences between employees and independent contractors. An employee is a n individual with whom a business has established an employment relationship . A n independent contractor is an individual or business with whom a...
T he National Labor Relations Board’s ( NLRB’s ) recent d e cision in The Atlanta Opera, Inc . , 372 NLRB No. 95 (2023) will make it more difficult for employers to classif y workers as independent contractor s under the National Labor Relations...
The California Labor Commissioner’s O ffice announ ced that it cit ed a therapy provider $9,041,100 for willfully misclassifying 1,280 employees as independent contractors. The employees included physical, speech, and occupational therapists . The...
Employers, facing limited budgets with no reduction in the work that needs to be done, are often enticed by the ease of using independent contractors. The practice may be going on in your organization without the knowledge of the human resources department, since payments are not run through...
On June 30, 2022, the final day of its term, the U.S. Supreme Court denied review of two challenges to California’s Assembly Bill 5, which codified a worker classification test that generally prevents truck drivers from being classified as independent contractors. The decision to deny review...
It is not well known, but a new law went into effect in July 2021 that requires employers to report independent contractors to the state for child support enforcement. While it changes the definition of employee for this purpose alone, it does not change the definition of employee for other wage...
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