Category Archives: Independent Contractor

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Big Changes in the Big Apple: NYC Bans Salary History Questions and Imposes New Requirements for Independent Contractors

New York City, NYC, USANew York City made waves this month by imposing new requirements on independent contractor agreements and by passing a law that prohibits employers from asking about or considering an applicant’s prior salary. Although New York City is just the third jurisdiction to adopt a law prohibiting inquiries into an applicant’s salary history (Massachusetts and Philadelphia … Continue Reading

Franchisor and Franchisee: Two Peas In A Pod (But What Will The NLRB’s Ruling Really Produce?)

shaking hands with wrists and business team 2The National Labor Relations Board’s (NLRB) long-anticipated decision in Browning-Ferris Industries, 362 NLRB No.186, will dramatically impact business for companies ranging from leased employee staffing arrangements to franchisor-franchisee models. The August 27, 2015 decision just turned 30 years of established precedent on its head. Since the mid-1980’s, the NLRB has followed a standard finding an entity … Continue Reading

DOL: Most Workers are Employees, Not Independent Contractors

Interaction behind blindsTwo weeks after publishing proposed new rules to update the white collar exemptions of the Fair Labor Standards Act (FLSA), yesterday the United States Department of Labor (DOL) issued a 15-page Administrator’s Interpretation concluding that “most workers” are employees, as opposed to independent contractors, under the FLSA. (A copy of the guidance can be found … Continue Reading

FedEx Ground Found to Have Misclassified Drivers as Independent Contractors by the Ninth Circuit

In an August 27, 2014 decision, the Ninth Circuit U.S. Court of Appeals ruled that FedEx Ground misclassified approximately 2,300 California package delivery drivers as independent contractors from 2000 to 2007, resulting in the failure to pay certain wages and reimbursements for business-related expenses. For businesses that make use of independent contractors as part of … Continue Reading

Amendments to Illinois Employee Misclassification Act to Affect Construction and Landscaping Companies

Employers in construction and landscaping industries should be aware that on July 23, 2013, Illinois Gov. Pat Quinn signed two bills that add significant teeth to enforcement under the Illinois Employee Misclassification Act (the Act). The Act imposes penalties upon those employers that improperly misclassify employees as independent contractors. Gov. Quinn estimates that the State … Continue Reading
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