by Richard J. Reibstein, Lisa B. Petkun & Andrew J. Rudolph, Esqs., Pepper Hamilton LLP
When we last wrote about independent contractor misclassification two years ago, we headlined the article “Feds on the lookout for misclassification.” The U.S. Department of Labor and IRS continue to aggressively enforce laws against misclassifying employees as independent contractors.
But a major shift has taken hold in the past two years, with state legislatures and regulators actively taking a greater role in cracking down on companies that classify workers as contractors without properly documenting or structuring their relationships with those individuals.
Indeed, companies that use freelancers, consultants, long-term temps and other contingent workers may now be in greater danger of violating state laws than federal statutes.
In the past two years alone, 11 states passed laws curtailing the use of independent contractors or increasi...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Disabled former employees can't recover benefits under ADA unless they seek rehire
- New York labor union membership fell in 2009
- Can you refuse to hire candidates who are currently unemployed?
- Beware: Employees don't have to meet EEOC deadline in race discrimination cases