Articles Posted in Independent Contractors

180206-F-ML658-1009-300x200

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. Continue reading

Generally, 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 part of litigation, two things often happen:

  1. A court must approve the settlement; and
  2. The settlement agreement becomes public; i.e., no confidentiality.

Recently, Trevor Tahiem Smith, Jr. and the other parties to an FLSA action requested that a New York federal court relax the publicity rules by creating a “celebrity exception.”

Oh, you don’t know Trevor Tahiem Smith, Jr.?

That’s Busta Rhymes!

Continue reading

@RealDonaldTrump on Twitter

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 can figure out the true meaning of “covfefe” ??? Enjoy!” Well, his Press Secretary, Sean Spicer, told reporters, “The president and a small group of people know exactly what he meant.”

Folks, you’re in luck! As part of that small group of people, I know exactly what President Trump met. You see, “covfefe” is the solution to all of your HR-compliance problems.

Continue reading

Chalkboard eraser, Waldorf School, East Lexington MA.jpgBack when I first started this blog, when I believed that my blogging success would translate into Aston Martins and beach homes, rather than “Can you please email me a copy of your FMLA PowerPoint?”, I had a series of “Third Circuit Employment Law 101” posts. Well, I don’t think I’ve done a “101” post for nearly 5 years. Time to break that streak.

Oh, hold on a sec, I need to respond to another PowerPoint-request email…

Continue reading

Form W-2, 2006In my younger days, I had a summer job in college where I clocked in at 9 and left at 5. They gave me a desk, a computer, training, a supervisor, job instruction, and a not-so-fatty paycheck. But, at least, nothing got withheld from my paycheck.

They called me an independent contractor and gave me a 1099.

Yeah, about that… Continue reading

Once is happenstance. Twice is coincidence. Three times is enemy action.”

(I’m pretty sure that was from Ferris Bueller)

Yesterday, in the Wall Street Journal, I read Lauren Weber’s article “Can You Sue the Boss for Making You Answer Late-Night Email?” And the answer is yes, provided that you are a non-exempt employee under the Fair Labor Standards Act and the time you spend answering that email is more than a few minutes a week.  It’s no different than when an employee checks company email at work. Work is work. Employees get paid to work. Continue reading

Oyez oyez.

The New Joisy Supreme Court just fashioned a test to determine whether a worker is an employee or an independent contractor for purposes of resolving a wage-payment or wage-and-hour claim. And, shockingly, it doesn’t involve jughandles, diners, or Taylor Ham.

(I live in NJ now, so I can say that stuff and get away with it).

I’ve got all the details after the jump…

* * *

Continue reading

“Doing What’s Right – Not Just What’s Legal”