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Articles Posted in Independent Contractors

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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…

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One HR lesson from two exotic dancers on misclassifying employees as independent contractors.

Lantay77 at en.wikipedia, CC BY-SA 3.0, via Wikimedia Commons It’s getting hot in herrrrrrrrrrrrre! Well, tepid. It’s an employment law blog, after all. A strip club in Ohio employed two women for several months. Let’s call them, oh, I dunno, “plaintiffs.” During their time working for the club, the plaintiffs…

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How can you tell an employee from an independent contractor? I’ll explain in about two minutes.

Image by Free-Photos from Pixabay Employee versus independent contractor, who cares? The U.S. Department of Labor, that’s who. (And that means you should too.) Misclassified employees may not receive minimum wage or overtime or family and medical leave. When that happens, the Wage and Hour Division (WHD) gets angry. And…

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Here’s a sneak preview of some of the next possible federal stimulus plan, and what it could mean for your business

Image by Photo Mix from Pixabay Follow me. I’ll get you into the VIP area for a better view. Yesterday, Senator Elizabeth Warren (D-MA) and Representative Ro Khanna (D-CA) called for the next coronavirus relief package to pass Congress to include what they term an “Essential Workers Bill of Rights.” …

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The hits keep coming in NJ. This time we have new laws targeting independent contractor misclassification.

Image by OpenClipart-Vectors from Pixabay In what I hope does not become a weekly feature here at The Employer Handbook, it’s time to update the readers on some new laws that NJ Governor Phil Murphy signed last week. Stop Work Orders. Let’s say that the State of New Jersey learns…

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New legislation in NJ would make it much harder to use independent contractors

Image by Sandra Ferentschik from Pixabay Yesterday, one of my favorite readers of the blog forwarded me a link to this article, “Sweeney-backed bill may eliminate independent contractors in N.J.” That got my attention. Last week, State Senator Stephen Sweeney introduced this piece of legislation which wouldn’t quite eliminate independent…

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New Jersey is teaming up with the DOL to crack down on worker misclassification

Photo By: Airman 1st Class Anthony Nin Leclerec (https://www.jble.af.mil/News/Photos/igphoto/2001874058/) I feel like worker misclassification has been an issue that’s been flying under the radar for the last year or so, especially as it relates to independent contractors. In 2016, and the first half of 2017, employers were fixated on the…