Tag Archives: misclassification liability

Unemployment Benefit Claims and Independent Contractor Misclassification Liability: A Single Claim by One Worker Can Lead to Disastrous Results

It is rare for a business to challenge an administrative determination concerning a single worker’s claim for unemployment insurance benefits. Indeed, many employers tend to delegate responsibility to handle administrative proceedings before state unemployment offices to companies providing “unemployment claims services.” This is … Continue reading

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New Federal Worker Misclassification Study: U.S. Department of Labor to Question Workers About Their Knowledge of Independent Contractor Misclassification

Buried in the Federal Register on January 11, 2013 is a proposal for the U.S. Department of Labor to conduct a study to “better understand employees’ experience with worker misclassification” by “measur[ing] workers’ knowledge about their current job classification, and … Continue reading

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Hidden Due Diligence Risk in Mergers, Acquisitions and Investments: Independent Contractor Misclassification Oftentimes Overlooked by Private Equity Firms, Hedge Funds and Other Investors

Many due diligence reviews in mergers, acquisitions and investments have ignored the issue of independent contractor (IC) misclassification liability. This is a difficult exposure to identify unless the legal team digs below the information typically provided by the seller or available in public records. In view … Continue reading

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Misinformation about Independent Contractor Misclassification

A year and a half ago today, my blog post was titled, “How to Make Sense Out of All Those Alerts About IC Misclassification.”  I noted that, on a daily basis, I see an array of articles by lawyers warning businesses … Continue reading

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Obama 2.0 and Independent Contractor Misclassification: The Next Four Years of Federal Legislative and Regulatory Activity

The last four years started out with expectations that the federal government would enact legislation to curtail misclassification of employees as independent contractors (ICs).  Yet, not a single bill was enacted despite strong support by President Obama for Congressional action … Continue reading

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