Category: IC Compliance
January 2020 Independent Contractor Misclassification and Compliance Law News Update
by Richard Reibstein Esq. | by Richard Reibstein Esq. | Feb 14, 2020 | IC Compliance | 0 | Antitrust
While selected states are in the midst of trying to crack down on independent contractor misclassification, the federal government is trying to clear a path and clarify the tests for independent contractor status under various federal laws. As reported below, New Jersey last month enacted a series of laws that, among other things, increases the penalties for IC misclassification under that state’s current “ABC” test for IC status. The existing “ABC” test in New Jersey was not amended by the Legislature, despite a strong push by some legislators in New Jersey to do so, but it remains a challenging test to meet for some companies using ICs in that state. Meanwhile, the U.S. Labor Department issued its new joint employer regulation in January 2020, explaining and clarifying that some of the factors previously used by courts and administrative agencies to establish joint employer status are irrelevant to that issue but highly relevant to determinations of IC status.
Read MoreNew Joint Employer Rule Will Impact Independent Contractor Misclassification Claims
by Richard Reibstein Esq. | by Richard Reibstein Esq. | Jan 13, 2020 | IC Compliance | 0
Many companies that operate their businesses on an independent contractor model or supplement their workforce with ICs may be wondering if they will be impacted by the U.S. Department of Labor’s final rule on joint employer status, which was informally released today. They are likely asking, “Does this final rule have any bearing on independent contractors?” The answer is yes.
Read MoreNovember and December 2019 Independent Contractor Misclassification and Compliance Law News Update
by Richard Reibstein Esq. | by Richard Reibstein Esq. | Jan 9, 2020 | IC Compliance | 0
Our combined news update provides guidance for companies that utilize independent contractors on what not to do. The first lesson involves a company’s waiver of its best argument for compelling arbitration of an IC...
Read MoreThe Past Decade of Independent Contractor Misclassification and Compliance Law
by Richard Reibstein Esq. | by Richard Reibstein Esq. | Jan 2, 2020 | IC Compliance | 0
Ten years ago, when we began a legal blog dedicated to independent contractor compliance and misclassification, the landscape of the law involving ICs was quite different than today – although a great deal remains unchanged. We...
Read MoreOctober 2019 Independent Contractor Misclassification and Compliance News Update
by Richard Reibstein Esq. | by Richard Reibstein Esq. | Nov 12, 2019 | IC Compliance | 0
Last month saw large settlements and yet another new lawsuit against companies that have an independent contractor business model, but also success by such companies in obtaining a favorable jury verdict in an IC...
Read MoreAugust and September 2019 Independent Contractor Misclassification and Compliance News Update
by Richard Reibstein Esq. | by Richard Reibstein Esq. | Oct 1, 2019 | IC Compliance | 0
There were several notable court and administrative cases over the past two months, but they were overshadowed by a legislative matter: the enactment of Assembly Bill 5 in California, which was the subject of our September 11,...
Read MoreHow to Operate in California with Independent Contractors After AB5 Bill Is Signed Into Law
by Richard Reibstein Esq. | by Richard Reibstein Esq. | Sep 11, 2019 | IC Compliance | 0
The latest version of Assembly Bill 5, which codifies the California Supreme Court’s Dynamex decision that was issued in April 2018, is about to become law. Dramatically changing decades of settled law in California, Dynamex...
Read MoreNLRB Finds Couriers Were Misclassified As Independent Contractors, But Rejects Argument That Misclassification Is a “Stand-Alone” Violation of the Law
by Richard Reibstein Esq. | by Richard Reibstein Esq. | Aug 29, 2019 | IC Compliance | 0
The National Labor Relations Board earlier today held that a courier services company misclassified drivers as independent contractors instead of employees protected under the National Labor Relations Act. The Board also held...
Read MoreJuly 2019 Independent Contractor Misclassification and Compliance News Update
by Richard Reibstein Esq. | by Richard Reibstein Esq. | Aug 8, 2019 | IC Compliance | 0
We are often asked, what industries are impacted by independent contractor misclassification? While IC misclassification claims are most prevalent in the construction, transportation, and gig economy businesses, there are few,...
Read MoreNew Jersey Getting Tougher on Independent Contractor Misclassification: Task Force Issues Report With 16 Regulatory and Legislative Recommendations
by Richard Reibstein Esq. | by Richard Reibstein Esq. | Jul 9, 2019 | IC Compliance | 0
Earlier today, July 9, the New Jersey Misclassification Task Force issued its first Report. The Task Force, created by an Executive Order issued by Governor Phil Murphy on May 3, 2018, includes representatives from the New...
Read MoreSearch
About The Publisher
Email the Publisher
Click here to Email the Publisher
Previous Posts
Subscribe to RSS
Subscribe by Email
Locke Lord LLP
For the latest information about our Firm visit lockelord.com and Locke Lord’s Independent Contractor Misclassification and Compliance Practice