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.
Tag Archives: Federal IC Laws and Bills
New Misclassification Bill Introduced in Congress: The “Independent Contractor Tax Fairness and Simplification Act of 2012” Seeks to Eliminate “Safe Harbor” for Businesses
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. 6653) would, like the Fair … Continue reading
The Fair Playing Field Act of 2012: Congress Is Trying Once Again to End ‘Safe Harbor’ for Businesses that May Have Missclassified Employees as Independent Contractors
On March 1, 2012, 33 co-sponsors in the House introduced the Fair Playing Field Act of 2012 (H.R. 4123), a bill that appears to be identical to the Fair Playing Field Act of 2010 (H.R. 6128), which was never acted upon by Congress. … Continue reading
Congress Reintroduces the “Employee Misclassification Prevention Act,” Which Would Create a Federal Offense for Misclassification of Employees as Independent Contractors
Following on the heels of aggressive new measures announced by the U.S. Department of Labor and IRS in the past month and the recent enactment of a new California law to crack down on willful misclassification of employees as independent contractors, Rep. Lynn … Continue reading
Senate Re-Loads on Independent Contractor Misclassification: New Bill Characterizes Misclassification as “Payroll Fraud”
On Friday, April 8, 2011, Senators Sherrod Brown (D-Ohio), Tom Harkin (D-Iowa), and Richard Blumenthal (D-Conn.) introduced the Payroll Fraud Prevention Act (S. 770), a trimmed-down version of the Employee Misclassification Prevention Act bill that was introduced into both houses of … Continue reading
President Obama’s State of the Union Speech Highlights Federal Focus on Independent Contractor Misclassification Issue and 1099’s
Listening to President Obama address issues of national importance during his 2011 State of the Union address last night, anyone familiar with independent contractor compliance and 1099 issues could not help but notice two meaningful references to these two related matters, … Continue reading