Ohio Bill Would make it More Difficult to Establish an Independent-Contractor Relationship

A bill was recently introduced in the Ohio legislature which would pose an existential threat to companies that do business with independent contractors. The bill, H.B. 568, would establish a new more stringent seven-part statutory test to determine a worker’s status for purposes of several state laws. H.B. 568 would amend the minimum wage, workers’ compensation, unemployment, and tax law… Read more →

NLRB Contends Worker Misclassification is a Violation of the NLRA

The National Labor Relations Board (“NLRB”) appears to be creating a new source of regulatory risk to companies doing business with independent contractors. On April 18, 2016, the Regional Director of the NLRB’s Los Angeles office issued a Complaint against a transportation company alleging, among other things, that it is an unfair labor practice in violation of the National Labor… Read more →

The Deceptive Allure of a New Third Status of Worker

The Deceptive Allure of a New Third Status of Worker

On May 10, 2016, the Coalition published a White Paper titled, The Deceptive Allure of a New Third Status of Worker. The paper discusses concerns with the idea of creating a new third worker status that some have proposed as a reaction to the perceived inadequacy of current law spurred by the rapid success of companies operating in the “sharing… Read more →

States Clarify Worker Classification in the Sharing Economy

Several states have given businesses in the sharing economy something to celebrate: legislation that would clarify the independent-contractor status of individuals who obtain client opportunities through technology platforms. These legislative initiatives take two forms, namely, bills narrowly focused on transportation network company drivers (e.g., individuals who drive for ride-sharing companies such as Uber and Lyft), and broader bills that apply to individuals… Read more →

Wage Theft Prevention and Wage Recovery Act, H.R. 4763 and S. 2697

Companies doing business with independent contractors would be exposed to heightened civil and criminal sanctions if determined to be the employer of such contractors under the Wage Theft Prevention and Wage Recovery Act, introduced in the U.S. House of Representatives by Representative Rosa L. DeLauro (D-Conn), H.R. 4763, and in the U.S. Senate by Senator Patty Murray (D-Wash), S. 2697…. Read more →