|
|
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
Report Link The Independent Contractor Conundrum.Vedder Price - November 09, 2009 As the recession lingers on,
employers continue to search for
ways to manage operating costs.
One common (but increasingly
risky) cost-cutting measure is the
use of independent contractors in
positions that are normally fi lled
by employees. Report Link Use of Independent Contractors May Create Unexpected Liability.Ford & Harrison LLP - October 29, 2009 With a struggling economy, many businesses may be tempted to classify their workers as independent contractors rather than employees because of the benefits this classification provides to employers. For example, many federal antidiscrimination laws do not apply to independent contractors, since they only cover "employees." Additionally, a company may be shielded from certain other types of liability to which it would be subject if the individual was an employee. Report Link EEOC Issues Technical Assistance Document on Pandemic Planning in the Workplace.Jackson Lewis LLP - October 08, 2009 The 2009-2010 influenza season officially began October 4, 2009, and the outlook is grim. According to the Centers for Disease Control and Prevention, as of the end of September, 27 states are reporting widespread influenza activity (the CDC’s highest level). They are: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Texas, Tennessee, Virginia, Washington, and Wyoming. The CDC says any reports of widespread influenza activity in September are very unusual. Report Link Independent Contractor? Don't Let the Name Fool You.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - September 23, 2009 Flexibility, cost savings, expertise…using independent contractors may be perfect for your business for all these reasons, but beware of the minefields. Title VII and other federal discrimination laws may not protect independent contractors, but that doesn't mean that your company won't be held responsible when allegations of discrimination—either by or against an independent contractor—arise. Report Link U.S. Department of Labor Pursues Employer of Misclassified Independent Contractors.Barker Olmsted & Barnier - May 05, 2009 The U.S. Department of Labor is one of several government agencies that may take issue with improper classification of workers. A recent case illustrates how the Department may hit employers hard for misclassification. Report Link Workplace FAQ's Concerning Pandemic Influenza.Jackson Lewis LLP - May 01, 2009 Employers are beginning to confront many thorny questions about how best to respond to concerns about the spread of swine influenza (H1N1 virus) in the workplace. For several years, federal, state and local governments have been working hard to prepare for a potential pandemic. As part of that effort, the federal government developed a series of Frequently Asked Questions, addressing workplace issues that may arise in a pandemic. Report Link DHHS Declares Public Health Emergency and Recommends Employer Precautions.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - April 30, 2009 The Department of Health and Human Services (DHHS) has issued a formal declaration of public health emergency in response to recent human infections with a newly discovered swine influenza A ("swine flu") virus. To date, there have been confirmed cases of swine flu in at least five states, while the World Health Organization has reported confirmed cases in several other countries around the world. DHHS Secretary Charles Johnson has stated that "the declaration allows us the flexibility, while we learn more about the virus and its impact in the United States, to take additional steps to fully mobilize our prevention, treatment and mitigation capabilities should those actions become necessary." Report Link Employers Should be Prepared for an Outbreak of Swine Flu.Ford & Harrison LLP - April 28, 2009 Most employers probably are aware that incidents of swine flu have been reported in numerous states, including California, Texas, Ohio, Kansas, and New York. Although the World Health Organization has indicated that it does not have enough information regarding the strain of influenza to raise the global pandemic level alert, the Department of Homeland Security has declared a public health emergency in the United States. This allows funds to be released to support the public health response. Homeland security officials reportedly are responding aggressively with the expectation that the outbreak will spread. Report Link Sixth Circuit Upholds Section 530 Relief for Trucking Company that Treated Drivers as Independent Contractors Based on the Common Law Factors Used in State Proceedings.Littler Mendelson, P.C. - October 29, 2008 In Peno Trucking, Inc. v. Commissioner (6th Cir. Oct. 3, 2008), the United States Court of Appeals for the Sixth Circuit reversed a United States Tax Court's determination and held that the company was entitled to the protections of Section 530 of the Revenue Act of 1978 despite having misclassified its drivers as independent contractors. The case is significant because it reaffirms the right to Section 530 tax relief based on a reasonable reliance upon the common law independent contractor factors, even if those factors are established by a state agency or court. Report Link Court Designates Sales Managers as “Employees” Because Company Controls Distribution of Sales Leads.Ogletree Deakins - October 24, 2008 A group of insurance “sales leaders” who filed for overtime wages under the Fair Labor Standards Act (FLSA) have been deemed by the 5th U.S. Circuit Court of Appeals to be employees rather than independent contractors, and therefore eligible for overtime pay. Hopkins v. Cornerstone America, No. 07-10952 (5th Cir. October 13, 2008). The court based its decision on the economic realities of the situation, and determined that the managers were economically dependent upon the company for which they worked, instead of being in business for themselves. Report Link Tax Risk Related to Independent Contractors (pdf).Vedder Price - August 19, 2008 Independent contractors are a
growing segment of the retail
workforce. Lower costs,
reduced liability, and hiring
fl exibility are just a few reasons
that retailers fi nd hiring
independent contractors to be
so attractive. While these
benefi ts are alluring, retailers
need to be aware of the risks
involved when engaging
independent contractors. Report Link Courier Found To Be Independent Contractor.Ogletree Deakins - June 09, 2008 Weighing in on the ongoing controversy regarding the proper classification of workers, the federal court here held that a driver working for a courier service was an independent contractor, not an employee, and thus, not entitled to protection under Title VII, the NJLAD, the Fair Labor Standards Act and the State Wage and Hour laws. Report Link Independent Contractors: A Dying Breed?Shaw Valenza LLP - July 03, 2007 The employer-employee relationship is fraught with legal obligations: workers’ compensation, complex wage and hour rules, paid and unpaid leaves of absence, payroll filings, sexual harassment training, benefits, etc. At times, employers may wish to engage temporary services without some of the entanglements associated with adding employees. Workers, too, may wish to avoid obligations such as tax withholding and exclusive employment relationships. For these and other reasons, employers and workers enter into “independent contractor” relationships. Report Link Independent Contractor Status: Useful In The Right Circumstances.Fredrikson & Byron, P.A. - January 19, 2006 Many companies have discovered the administrative and other advantages of engaging the services of certain individuals as independent contractors rather than employees. The independent contractor relationship is definitively less complicated. Independent contractors are not covered under company benefit plans. Payroll withholdings and deductions do not apply. They are not entitled to statutory benefits and protections afforded employees such as unemployment compensation and worker's compensation. Independent contractors in most instances cannot take advantage of the various anti-discrimination protections of the federal, state and local human rights laws, and normally cannot bring an action against the company for the familiar employment-related legal claims. Report Link Independent Contractor or Employee.Internal Revenue Service (IRS) - (No Date) The tax law covering independent contractors is very complicated. Before you can determine how to treat payments you make for services, you must first know the business relationship that exists between you and the person performing the services. Report Link Independent Contractors vs. Employees.Internal Revenue Service (IRS) - (No Date) Are you or your help independent consultants or employees? Before you can know how to treat payments you make for services, you must first know the business relationship that exists between you and the person performing the services.
|
ArticlesFound: 16 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
|
| ||
|
Terms of Use
|
Privacy
|
Advertising
|
About
|
Contact
|
For Law Firms
|
Partners
Copyright © 2009 elinfonet.com, llc.
The use of this site, and the terms and conditions for our providing information, is governed by our Terms of Use, including the disclaimers contained therein. By using this site, you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms thereof.
This site is designed for lawyers concentrating in employment law and human resource professionals who specialize in employee relations. As more fully set forth in the terms of use, the information provided on or through this site is for general information purposes; it is not a determination of your legal rights, nor your responsibilities under the law. None of the information contained on this site is, or should be construed as, legal advice. The information should not be relied upon for legal advice. We are not engaged in the practice of law and no attorney-client relationship is being created. Any information communicated to any lawyer via this site does not have the confidentiality protection of the attorney/client privilege. If you are seeking legal advice, find a qualified lawyer in your area. If you need help finding a lawyer, call your local, county or state bar association. All logos and trademarks on this site are property of their respective owners. | ||
Federal Article Feeds