Independent Contractors and the National Labor Relations Board

We all know that the US Department of Labor and the Internal Revenue Service dislike the use of the Independent Contractor classification. Now the National Labor Relations Board has weighed-in as well and, guess what, they don’t like it either. Improper classification can lead to an unfair labor charge According to Richard J. Reibstein  of …

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If you use Independent Contractors are you free from union trouble?

The logical answer to that question would normally be “yes.” Unions are groups of employees that have gathered to provide them the opportunity to deal with wages, hours and working conditions, but if you have been paying attention you know the National Labor Relations Board has been working hard to extend their domain into non-union …

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Future Friday: Not everyone can work from Starbucks

I have written a lot about the future of work and the changing nature of the workforce. Article after article, mine included, talk about future workers desiring flexibility and being able to work from wherever they desire. Many people already do and they make up what is becoming known as the “gig” economy, that segment …

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Independent contractor versus employee: “Control” is the issue

In a widely publicized decision in June 2015 the California Labor Commission declared that an individual that drove for Uber was not an independent contractor but was an employee and subsequently owed for mileage, tolls and interest on her car. (Interestingly they did not pay her wages for hours worked, but that was mostly due …

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The Noose gets one state tighter on employee misclassification

I have written numerous times on the dangers of employee misclassifications. You can find some of those posts here, here and here. The U.S. Department of Labor has made it very apparent that they see employee misclassification as their prime mission. They have been enlisting state departments of labor in this effort and they just …

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The NLRB creates another test for Independent Contractor Status

If you have been paying attention (here, here and here) the U.S. government has been cracking down on the use of independent contractors. In a big move to restrict “mis-classification” of employees as independent contractors the USDOL and the IRS have been stringent is applying the rules for determining independent contractor status. Now the National …

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Why Understanding the definition of Independent Contractor is Important to the ACA

  I was at a healthcare summit today that was focused on the Affordable Care Act (ACA, also known as the PPACA and ObamaCare). In the discussion on compliance the presenters spent some time on a question that many businesses are asking “Can I make my employees independent contractors and not worry about the ACA?” …

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Under 50 Employees? Think you are safe from the ACA? Maybe not!

The Affordable Care Act (also known as the PPACA or Obama Care) goes “live” on January 1, 2014, although aspects of it are effective now. The law requires that “large” employers with 50 or more employees must provide health coverage or pay a penalty. This has been described as “Play or Pay”. (BTW, this is …

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The ACA and the Independent Contractor

  If you have read anything the Affordable Care Act (ACA or PPACA or ObamaCare) you know that the law is applicable to companies that 50 or more fulltime employees. There are a lot of definitions in there that go into determining who is a fulltime employee but  moves that many employers have considered are …

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Clamping Down on Misclassification of Independent Contractors

The USDOL and IRS have teamed up in order to clamp down on employers misclassifying employees as independent contractors when they efile their tax informationin order to avoid employment taxes.In a press release on September 19, 2011 Secretary of Labor Hilda L. Solis announced  a memorandum of understanding with the Internal Revenue Service that will improve …

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