Posted on September 29, 2020 by Sara J. Ackermann
Blog
Employers need to keep abreast of the ever-changing agency rules regarding whether a worker is an “independent contractor” or an “employee.” You might ask, “why does this matter to the government?” The answer is easy: many government agencies—both state and federal—are designed solely to protect employees. The U.S. Department of Labor (DOL), the Occupational Safety […]
Posted on June 14, 2017 by Ruder Ware Alumni
Blog
Recent action by the Trump Administration has raised a new question regarding joint employer status and whether particular employees hired (individually or through a company) to provide work for another company should be considered an employee of the hiring company. The past Department of Labor issued various memos that indicated a crackdown on independent contractor […]
Posted on July 22, 2015 by Ruder Ware Alumni
Blog
The Administrator of the US Department of Labor has issued guidance on determining whether an individual is an independent contractor or an employee of a company. This Interpretive Guidance goes a long way to declaring that the Department of Labor will be aggressively reviewing determinations of independent contractor status by a company and will likely […]
Posted on June 26, 2015 by Ruder Ware Alumni
Blog
Recently, a federal appeals court determined that a cucumber farm violated the Fair Labor Standards Act when it classified its migrant laborers as independent contractors instead of employees, and failed to pay them the applicable minimum wage. The case is Perez v. D. Howes, LLC, No. 14-2026, — F.3d —-, 2015 WL 3833529 (6th Cir. […]
Posted on May 6, 2015 by Ruder Ware Alumni
Blog
A recent decision by the National Labor Relations Board has attacked the test that is generally used to determine whether or not an individual is an independent contractor or is considered an employee eligible for voting to be represented by a union. In the recent decision of FEDEX Home Delivery, 361NLRB No. 55 (2014), the […]