There are so many independent contractor cases that go against the employers that when one goes the other way, it is a big deal. That is what has just happened with a Costco contractor who alleged the Company misclassified her to avoid paying her overtime. The case is entitled Williams v. Costco and issued from
Medical Interpreters Deemed Employees Not Independent Contractors: The Detrimental Effect Of Non-Compete Agreements!
If recent history teaches anything, it is that no industry is immune from attacks on employers who allegedly misclassify workers as independent contractors. In an offbeat case, this has occurred to a company that utilized medical interpreters. The case is entitled In Re: Ingrid L. Vega, d/b/a Professional Interpreters of Erie v. Commonwealth of Pennsylvania
Bow-Wow: Court Finds Pet Sitters Are Employees, Not Independent Contractors
In an off-beat case that revolved around the IRS twenty-factor test for independent contractor, an appellate court in Missouri has affirmed the state Labor Commission ruling that caretakers working for a pet sitting company were statutory employees, rather than independent contractors. The case is entitled 417 Pet Sitting LLC v. Division of Employment Security,
New USDOL Independent Contractor Rule Helps Putative Employers
The Trump Administration has tried to help business and employers in many ways, including loosening USDOL rules (and views) over many things. One topic of special interest on this front has been on the independent contractor issue. The USDOL has taken another step now in that direction, by proposing a new rule on the classification
New Jersey DOL Poster Basically Invites Workers to Claim They Are Not Independent Contractors
The State of New Jersey (and many other states) has started to tighten up laws regarding independent contractor status. One troubling component (to management-side practitioners and employers alike) of this New Jersey initiative is to compel employers to post a notice that explains elements of independent contractor law and, essentially, invites workers to file suits
NJ Employer Wins Independent Contractor Case, Beats ABC Test
The New Jersey independent contractor test is one of the toughest for a putative employer to prevail upon. So, when an employer does do that, it is a great day for the employer community and that is what has happened in the case of a law firm who fought the UI claim of its paralegal,
The New Jersey Unemployment Law’s ABC Test: Alphabet Soup Tough for Employers to Swallow (or Beat)
The test for independent contractor is often a tough one to meet. Especially in New Jersey which has (as do many other States), the famous (or infamous) A-B-C test. The courts also support this test as is again evidenced by the NJ Supreme Court’s refusal to take a case challenging a ruling under that test.
The Unemployment “ABC” Test for Independent Contractor Status: A Mount Everest for Unwary Employers
There is a tripartite test for independent contractor under the New Jersey Unemployment Compensation statute (and many other States), the so-called “ABC” test. Under this test, services performed by an individual for remuneration shall be deemed to be employment unless it is shown to the satisfaction of the Department of Labor that: (a) Such individual