Monthly News Updates: IC Misclassification and Compliance

This page is your resource for newsworthy matters pertaining to IC Misclassification and Compliance. It will be updated shortly after the end of each month, except for matters of singular importance, which will be also reported in blog posts as they occur.  Newsworthy matters prior to November 2012 can be found by using the Search box.  A list of all Resources / Links can be accessed from the top or scrolling down on the right on your desktop computer, or from your Menu (above) on hand-held devices.  

MONTHLY  IC MISCLASSIFICATION AND COMPLIANCE NEWS UPDATES

December 2016 – see Blog Post published January 9, 2017

November 2016 – see Blog Post published December 6, 2016

October 2016 – see Blog Post published November 6, 2016

September 2016 – see Blog Post published October 4, 2016

August 2016 – see Blog Post published September 9, 2016

July 2016 – see Blog Post published August 8, 2016

June 2016 – see Blog Post published July 6, 2016

May 2016 – see Blog Post published June 7, 2016

April 2016 – see Blog Post published May 9, 2016

March 2016 – see Blog Post published April 5, 2016

February 2016 – see Blog Post published March 2, 2016

December 2015/January 2016 – see Blog Post published February 2, 2016

November 2015 – see Blog Post published December 8, 2015

September/October 2015 – see Blog Post published November 12, 2015

August 2015 – see Blog Post published September 7, 2015.

July 2015 – see Blog Post published August 2, 2015.

June 2015 – see Blog Post published July 5, 2015.

May 2015 – see Blog Post published June 3, 2015.

April 2015 – see Blog Post published May 3, 2015.

March 2015 – see Blog Post published April 5, 2015.

February 2015 – see Blog Post published March 4, 2015.

January 2015 – see Blog Post published February 1, 2015.

December 2014 – see Blog Post published January 4, 2015

November 2014 – see Blog Post published December 2, 2014

October 2014 – see Blog Post published November 4, 2014

September 2014 – see Blog Post published October 6, 2014

August 2014 – see Blog Post published September 2, 2014

July 2014 – see Blog Post published August 1, 2014

June 2014 – see Blog Post published July 7, 2014

April/May 2014 – see Blog Post published June 2, 2014

March 2014 – see Blog Post published April 3, 2014

February 2014 – see Blog Post published March 4, 2014

January 2014 – see Blog Post published February 3, 2014

December 2013 – see Blog Post published January 8, 2014

November 2013 – see Blog Post published December 2, 2013

October 2013 – see Blog Post published November 4, 2013

September 2013 – see Blog Post published October 3, 2013

August 2013 – see Blog Post published August 26, 2013

July 2013 – see Blog Post published August 4, 2013

June 2013 – see Blog Post published July 1, 2013

May 2013 – see Blog Post published June 7, 2013

April 2013 – see Blog Post published May 5, 2013

March 2013 – see Blog Post published March 31, 2013

February 2013 – see Blog Post published March 2, 2013

January 2013 – see Blog Post published February 3, 2013

December 2012 – see Blog Post published December 27, 2012

* * * *

November 2012

In the Courts:  

  • Exotic Dancers achieve conditional class certification in their independent contractor (IC) misclassification case in decision by Maryland federal court case. See similar decision by a New York federal district court in our prior blog post, which analyzed the case, and our “Two Takeaways” based on that decision for businesses that use ICs and wish to minimize their misclassification liabilities. McFeeley v. Jackson Street Entertainment LLC, No. DKC 12-1019 (D.Md. Nov. 2012).
  • Architectural Designer found to be employee, not IC, by Oregon appellate court in tax assessment case decided under Oregon’s narrow 5-factor IC test; designer did not show he maintained a business location of his own, did not bear a significant risk of loss, and had not made a significant investment in his business. Compressed Pattern, LLC v. Employment Department Tax Section, No. A146647 (Ore. Ct. App. Oct. 31, 2012).
  • Newspaper Delivery Workers in California claiming misclassification may proceed in court despite arbitration clause in IC Agreement.  Elijahjuan v. Superior Court (Mike Campbell & Associates), Ct. of App. No. B234794 (Cal. Ct. App. Oct. 13, 2012) (decision reported in www.law.com).
  • $12.9 million settlement and $2.3 million in legal fees approved by California federal court in a nationwide minimum wage class action brought by exotic dancers alleging gentlemen’s clubs misclassified the dancers as independent contractors. Trauth et al. v Spearmint Rhino Cos. Worldwide Inc. , No. 5:09-cv-01316 (C.D.Cal. 2012).

Regulatory and Enforcement Initiatives:

  • Illinois Governor Pat Quinn commences a public awareness campaign to educate construction industry business sector about the state’s worker misclassification law, admonishing companies that the state would investigate and prosecute contractors that misclassify employees as independent contractors.

Other Newsworthy Matters:

Published by:  Richard Reibstein, Lisa Petkun, and Andrew Rudolph.  Compiled by: Janet Barsky.

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