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Articles Posted in Independent Contractors

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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…

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Sorry, Busta Rhymes. You don’t get a “celebrity exception” for settling your wage-and-hour claim

By Mikamote [CC BY-SA 3.0], from Wikimedia CommonsGenerally, if a wage and hour dispute arises in the workplace, the parties need approval from either the U.S. Department of Labor or a federal court to resolve claims under the Fair Labor Standards Act. When parties agree to resolve these claims as…

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The 6 Ways “Covfefe” Can Improve HR Compliance

It all began last week with a (possible) typographical error in a tweet from our 45th President, “Despite the constant negative press covfefe.” At first, President Trump’s tweet confused us; “covfefe” even stumped a spelling bee champ while creating a spike in demand for novelty license plates. But then President Trump doubled down on Twitter, “Who…

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Did Lyft violate Philly’s Ban the Box rules? And could this be the tip of the iceberg?

Rideshare service, Lyft, Inc., allegedly violated Philadelphia’s Fair Criminal Records Screening Standards Ordinance, also known as Ban the Box, according to this press release from the law firm Outten & Golden LLP. Here’s a snippet from the press release: What is “Ban the Box”? Philadelphia’s Ban the Box rule, about which…

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The DOL may be slowing its roll on the new OT rules. But, you should act now.

Yesterday, I snuck this little doozie onto The Employer Handbook Facebook Fan Page. A delay in the new DOL OT rules? Lauren Weber of the Wall Street Journal also reported here that Solicitor of Labor, Patricia Smith, told an audience at the American Bar Association Labor and Employment Law Conference in Philadelphia…