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Articles Posted in Independent Contractors

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The Employer Handbook Friday Zoom Happy Hour Returns on Friday, March 8 at Noon ET

The U.S. Department of Labor rules on analyzing and determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA) take effect on March 11, 2024. Has your business procrastinated in preparing for them? If so, do not worry; I’ve got your back. Join me on…

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Folks, we have our first lawsuit to try to KO the DOL’s new independent contractor rule

It took less than a week for a group of freelance writers and editors to file this federal court lawsuit to block enforcement of the U.S. Department of Labor’s new independent contractor rules, which I wrote about here last week. If you thought the DOL’s final rule would sail through without…

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Join me on Wednesday, January 17, at 1 PM for a webinar on the new DOL Independent Contractor Rules

Last week, the U.S. Department of Labor finalized its rules on how to analyze and determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA), which I wrote about here. This week, I’m co-presenting “Independent Contractor Update – How Am I to Determine if I Am Compliant?”…

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Here are five things for employers to know about the DOL’s new independent contractor rule

Yesterday, the U.S. Department of Labor finalized its rules on how to analyze and determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). In a nutshell, the final rule applies six factors — none of which is dispositive — to analyze employee or independent…

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The DOL is changing its independent contractor rules. Is it a big deal? Or just, meh?

It was bound to happen. Early last year, just before the change in presidential administrations, the U.S. Department of Labor passed a final rule,  which amended the regulations interpreting the Fair Labor Standards Act to include some language finally distinguishing independent contractors from employees. I wrote all about it here.…

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Boy, that escalated quickly. I mean, that really got out of hand fast.

https://youtu.be/rFeVfwDvTyM Last week, the U.S. Department of Labor’s Wage and Hour Division announced here that its investigation into the bounced payroll checks of 10 construction workers renovating a nursing home found that the employer who issued the bad checks had also denied more than 800 workers overtime wages by misclassifying…

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A federal judge reinstated a more employer-friendly independent contractor rule. But will it last?

What I’m about to share with you today will never become a Hollywood blockbuster. Actually, it’s so dull that I would sell it over the counter as a holistic sleep aid if I could bottle it. Ambien’s got nothing on wage-and-hour minutiae. Early last year, after President Biden won the…

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New Jersey is not f**king around with employee misclassification

Image Credit: Photofunia.com Since taking office, New Jersey Governor Phil Murphy has committed to battling worker misclassification, i.e., treating employees as independent contractors. Misclassifying employees as independent contractors can deprive workers of wages and benefits and also have tax ramifications too. In 2018, New Jersey teamed up with the U.S.…

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DON’T DO THIS: Misclassify your employees as independent contractors

United States Department of Commerce and Labor, Public domain, via Wikimedia Commons While not quite as outrageous as slavery, ignorance, or misogyny, today’s edition of “Don’t Do This” will apply most practically to readers of this blog. Yesterday, the U.S. Department of Labor officially withdrew its “Independent Contractor Rule.” The DOL had…

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What’s the big difference between an independent contractor and an employee anyway?

Tug of War by Creative Mania from the Noun Project Sam spent 60 hours working on a project for your company last week, for which the business paid Sam $1,000. The company treated Sam as an independent contractor. But, what if Sam was actually an employee instead? The problem with…