About Independent Contractor Misclassification and Compliance Legal Blog
This legal blog is owned and published by lawyer Richard Reibstein as an individual and not as a member of the law firm in which he is a partner. Ever since it was launched in 2010, this has been the only legal blog in the country devoted solely to the subject of independent contractor compliance and misclassification.
This blog is designed for informational and educational purposes. Each blog post contains a comprehensive analysis of a new legal development in this niche area of the law and provides the reader with one or more takeaways. The blog includes a monthly update of legal developments affecting businesses that use independent contractors as part of their business model, and a wide-ranging set of Resources/Links (below).
This blog addresses issues related to the defense of misclassification claims and class actions as well as audits and investigations by the IRS and state tax and workforce agencies including unemployment and workers compensation, and enhancing compliance with federal and state labor, tax, benefits, and other laws impacting the use of independent contractors and individuals paid on a 1099 basis. Comments from readers about this blog or individual blog posts are invited.
The blog contains a comprehensive set of informational and educational resources and links for businesses, consultants, and lawyers seeking materials about this emerging area of the law affecting companies in virtually every industry including those in the on-demand, gig, and sharing economy.
- White Paper
- IC Diagnostics™
- Articles Published Elsewhere by This Blog’s Publisher on IC Misclassification
- Selected Newspaper Articles of Note (Including Quotes by This Blog’s Publisher)
- IC Laws: State Laws Enacted and Federal Bills Proposed (Since July 2007)
- ‘IC-Neutral’ and ‘IC-Minus’ Legislation, Rule-Making and Court Decisions
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Nothing written in this blog or in any blog post is intended to represent, or constitute, the views of any law firm with whom the publisher is associated, or any clients. No legal advice is provided on this site. This site should not be considered to be a substitute for legal advice, and it does not establish an attorney-client relationship. The author provides no warranty relating to any information published on this site. For other important and additional disclaimers, please refer to the “Terms and Conditions of Use” below.
Author Archives: Richard J. Reibstein, Esq.
This past month was unusually “slow” in terms of developments in the law of independent contractor misclassification and compliance. There was no blockbuster court decision or lawsuit filed, although one interesting development is an effort by some FedEx drivers who … Continue reading
The most notable legal developments during the June/July period were appellate decisions: one by the Vermont Supreme Court holding that a construction company did not misclassify a carpentry contractor under that state’s unemployment insurance law; the other by the California … Continue reading
Uber’s Former CEO and Current Chairman of the Board Sued Personally for Independent Contractor Misclassification – Is This an Effort by the Drivers to Circumvent Uber’s Arbitration Agreements?
Yesterday, the lawyers representing drivers who have sued Uber in California commenced another lawsuit on behalf of drivers alleging that the company misclassified them as independent contractors instead of employees. This lawsuit, though, is not against the company itself; rather, it is against Travis … Continue reading
This update of May 2017 developments in the area of independent contractor misclassification and compliance highlights three key legislative developments: the enactment of two new laws (one in New York City and the other in Florida) and the introduction of … Continue reading
Labor Department Withdraws Independent Contractor Misclassification Guidance Issued in 2015: What Does this Mean for Businesses Using ICs?
Earlier today, the U.S. Department of Labor issued a short, 3-sentence News Release where the recently-confirmed Labor Secretary, Alexander Acosta, announced that he has withdrawn the Labor Department’s formal guidance on two key issues facing businesses: joint employment and independent contractors. … Continue reading