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 →
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 →
State agencies in North Carolina will be permitted to share information and work collaboratively to bring enforcement actions against suspected worker misclassification – in spite of the defeat of proposed legislation, H.B. 482, which would have permitted these activities. North Carolina Governor Pat McCrory (R) resurrected the information sharing elements of the failed bill by issuing Executive Order No. 83… Read more →
California motor carriers may relieve themselves from liability for penalties associated with the misclassification of drivers as independent contractors, provided they agree to reclassify their drivers as employees and pay applicable costs and penalties. On October 10, 2015, California Governor Jerry Brown (D) approved A.B. 621, entitled the Motor Carrier Employer Amnesty Program (“Program”). The Program permits eligible motor carriers… Read more →
On June 2, 2015, the Commissioner of the Virginia Department of Labor and Industry issued a memorandum to the Virginia Occupational Safety and Health (“VOSH”) staff which established a policy to address the misclassification of employees in VOSH inspections and investigations. The goal of the policy is to “level the playing field” for employers who comply with applicable labor laws… Read more →