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.
While there were no headline-grabbing cases or developments in the area of independent contractor misclassification and compliance during the past month, the first four court decisions reported below provide the basis for two useful strategies for companies to consider when … Continue reading
How to Effectively Draft Arbitration Clauses with Class Action Waivers in Independent Contractor Agreements
Even before the U.S. Supreme Court’s decision last May in Epic Systems Corp., which upheld mandatory arbitration agreements, courts have been busy enforcing or striking down arbitration provisions. Many of those decisions were not based primarily on the law but rather … Continue reading
October was an eventful month for legal developments in the area of independent contractor misclassification and compliance. In one of the nine cases reported below, the U.S. Department of Labor continues to aggressively pursue an independent contractor misclassification claim against … Continue reading
Independent contractor misclassification lawsuits swept across a swath of businesses last month, affecting companies in both the gig economy and traditional industries. Discussed below are class action and individual plaintiff cases involving on-demand dog walkers, community living support specialists, oil … Continue reading
It was only a matter of time. For many years, class action lawyers have filed thousands of lawsuits under wage / hour and other employment laws on behalf of individuals who allege they were employees who have been misclassified as … Continue reading