The Affinity Logistics decision and the signing of the MOU, in combination with recently enacted California Legislation increasing the penalties for misclassifying employees previously discussed in our blogs and alerts, are strong reminders that classifying workers as independent contractors, especially in California, is a decision that should be discussed with experienced counsel. … [Read more...] about DOL and State of California Target Independent Contractor Classifications; 9th Circuit Provides More Ammunition
Insurance independent contractor
Analysis and Holding The Connecticut Supreme Court reversed the trial court’s decision, holding that the trial court placed too much emphasis on breadth of the contractors’ client base. Rather, it held that the crux of the inquiry under part C is whether “the worker is wearing the hat of an employee of the employing company, or is wearing the hat of his own independent enterprise.” The Court instructed that “part C must be considered in relation to the totality of the circumstances, with that inquiry guided by a multifactor test. . . . [J]ust as the mere freedom to provide services . . . for third parties is not by itself dispositive under part C . . . whether the individual actually provided services for someone other than the employer is [not] dispositive proof of an employer-employee relationship.’’ … [Read more...] about Connecticut Supreme Court Issues Important Clarification For Independent Contractor Test
A newspaper misclassified its newspaper carriers as independent contractors, the Superior Court for the County of Sacramento has ruled following a trial in a class action for employees’ unpaid mileage expenses under Section 2802 of the California Labor Code. Sawin v. The McClatchy Co., No. 34-2009-00033950 (Cal. Super. Ct. Sept. 22, 2014). Although the newspaper carriers signed agreements stating they were independent contractors, set their own schedules and routes, and could hire their own workers, the Court found the newspaper exercised such significant control over the newspaper carriers’ performance of their duties that it “belie[d] the contrary pronouncement in the form contracts….” … [Read more...] about Newspaper Carriers were Employees, Despite Independent Contractor Agreement, California Court Rules
4. Can the independent contractor status still be challenged if a declaration is obtained?Yes. The statute expressly states that the law does not affect any investigatory or enforcement authority related to the determination of the independent contractor or employment status of any relationship as provided by Arizona’s labor statute or federal law. … [Read more...] about Answering 4 Key Questions Raised by Arizona’s New Independent Contractor Law
In Ware v. Industrial Commission, 318 Ill. App. 3d 1117 (1st Dist. 2000), by comparison, the petitioner Ware was an employee. The court concluded that the control exercised over Ware by the respondent Superior Trucking Company was sufficient to conclude that an employment relationship existed for purposes of workers’ compensation benefits. Ware owned his own tractor, however tanker trailers were provided by Superior. Ware was required to have a pump on his tractor. Like the Earley case, the lease agreement between Ware and Superior designated Ware as an independent contractor. He was also paid a percentage of revenue and Superior did not withhold taxes. Ware paid for the expenses associated with operating his truck and could even hire others to operate it, but only with Superior’s permission. Superior provided insurance for the tractor and would charge back the cost. Additional factors in favor of a finding that Ware was an employee included – … [Read more...] about Truck Owner-Operators: Employees or Independent Contractors under Illinois Workers Compensation Act?