Tag: Independent contractor misclassification

On Monday, March 11, 2013, Richard Reibstein, the publisher of this blog, submitted 17 pages of detailed Comments to the U.S. Department of Labor’s proposed data collection for its Worker Classification Survey. The Comments,...

It is rare for a business to challenge an administrative determination concerning a single worker’s claim for unemployment insurance benefits. Indeed, many employers tend to delegate responsibility to handle administrative...

Last week, kgb USA, which operates a text message and Internet-based information service, consented to the entry of a federal court judgment to pay $1.3 million in unpaid minimum wage and overtime wages to its 14,500 current and...

This month there have already been two cases in the staffing and workforce solutions industry that highlight the risks posed to that industry and their clients where the workers being referred are paid on a 1099 basis. One case...

Buried in the Federal Register on January 11, 2013 is a proposal for the U.S. Department of Labor to conduct a study to “better understand employees’ experience with worker misclassification” by “measur[ing] workers’ knowledge...

Many due diligence reviews in mergers, acquisitions and investments have ignored the issue of independent contractor (IC) misclassification liability. This is a difficult exposure to identify unless...

The IRS earlier this week temporarily expanded the Voluntary Classification Settlement Program (VCSP), which was the subject of a prior post, to permit taxpayers who do not meet all of the conditions for the original Program to...

On December 12. 2012, Rep. Erik Paulsen (R. Minn.) introduced a bill that bears many similarities to a bill introduced earlier this year by 33 Democrats.  The Independent Contractor Tax Fairness and Simplification Act (H.R....

The last four years started out with expectations that the federal government would enact legislation to curtail misclassification of employees as independent contractors (ICs).  Yet, not a single bill was enacted despite strong...

The lead story in today’s front page of the Texas Tribune reports on a hearing before the Texas Workforce Commission where the testimony focused on the intersection of undocumented aliens and independent...

On October 2, 2012, a class action lawsuit was filed against MHN Government Services and its parent, Managed Health Network (MHN), claiming that the government contractor misclassified over 1,200 employees as independent...

Having previously prevailed in two prior challenges by agents who claim they were not  independent contractors (ICs) but rather employees, an insurer wins for a third time in a lawsuit by a Washington State insurance agent....