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: State IC Laws and Selected Bills
Federal Appellate Court Rules that Massachusetts’ Anti-Independent Contractor Law Can Be Challenged by Delivery Companies
The Massachusetts Delivery Association (MDA) has succeeded in its appeal of a federal district court’s dismissal of its lawsuit to invalidate the Massachusetts Independent Contractor Law as an impermissible law “related to a price, route, or service of any motor … Continue reading
California Joins Growing Number of States to Enact Independent Contractor Misclassification Legislation: State adds new, costly penalties for willful misclassification, but protects the right of businesses to continue to legitimately use independent contractors
California joins a growing list of states that have enacted independent contractor misclassification legislation in the past four years. This new law, signed by Governor Jerry Brown on October 9, 2011, adds harsh financial penalties for companies and persons who engage … Continue reading
Utah Legislators Seeking to Clamp Down on Creative Efforts to Avoid Labor Costs and Misclassification Liability
The Utah House approved on February 10, 2011 a bill (S.B. 35) targeting construction companies that classify individuals as owners in order to avoid paying for workers’ compensation insurance and unemployment insurance or withholding taxes. The bill, called the Construction … Continue reading
Pennsylvania Labor Department Issues Notices and Complaint Forms Under Construction Workplace Misclassification Act
The Pennsylvania Construction Workplace Misclassification Act was signed into law on October 13, 2010. Also called House Bill 400 and Act 72 of 2010, the new law went into effect on February 10, 2011. Earlier this month, the Pennsylvania Department of Labor and … Continue reading
According to an article published in the Bangor Daily News on January 23, 2011, Maine Governor Paul LePage has abolished a task force created by his predecessor to examine independent contractor misclassification in Maine and instead has taken a step … Continue reading