A vexing issue affecting companies that do business with independent contractors has been the risk of having to defend the same worker’s independent-contractor status under different tests for purposes of different laws. There are currently nine different tests used by states and federal agencies to determine whether a worker is an employee or independent contractor. A bill has been introduced… 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 →
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The Commonwealth of Massachusetts has attracted national attention by its very demanding “ABC” test for establishing an independent-contractor relationship. The current test provides that: an individual performing any service, except as authorized under this chapter, shall be considered to be an employee under those chapters unless:— (1) the individual is free from control and direction in connection with the performance… Read more →