Tag Archives: misclassification

Staffing and Workforce Solutions Company Using Independent Contractors Face Misclassification Liability and Expose Clients to Undue Risks

This month there have already been two cases in the staffing and workforce solutions industry that highlight the risks posed to that industry and their clients where the workers being referred are paid on a 1099 basis. One case arose in … Continue reading

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Misclassification Enforcement: State and Federal Workforce Agencies Meet to Coordinate Joint Efforts to Crackdown on Misuse of Independent Contractor Status

Yesterday, just outside Washington, D.C., state and federal workforce agency officials met to discuss their joint efforts to crack down on independent contractor misclassification.  The forum, entitled “Worker Misclassification: Federal-State Perspectives and Initiatives,” was one of the opening day’s general … Continue reading

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New Strategic Plan by US DOL Includes Identification of Independent Contractor Misclassification As A Targeted Objective

On September 30, 2010, the U.S. Department of Labor released its Strategic Plan for Fiscal Years 2011 – 2016.  Among the goals listed by Labor Secretary Hilda Solis is to identify and deter the misclassification of employees as independent contractors.  The Strategic Plan states in part as … Continue reading

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FedEx Ground Prevails in Key Ruling Under “Common Law” Test for Independent Contractor Status

The federal court judge assigned to over 60 cases involving FedEx Ground drivers who claim they have been misclassified as independent contractors instead of employees has issued his second key ruling in the case.  In contrast to the judge’s conclusion … Continue reading

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Senate Committee Moves Ahead with Federal Bill Outlawing Misclassification of Employees as Independent Contractors

The Senate Committee on Health, Education, Labor and Pensions (HELP) wasted no time in holding a hearing on the “Employee Misclassification Prevention Act” (EMPA), which was introduced jointly on April 22, 2010 by the Senate (S. 3254) and House (H.R. … Continue reading

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