The publisher of this blog, Richard Reibstein, was named “Top Author” in JD Supra Readers’ Choice Awards (2016, 2017, 2019, and 2020) for his thought leadership on the topic of “Employer Liability” issues as well as “Top Author” on “Class Actions” in 2016 and 2020.
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: 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
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
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
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
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