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California Worker Misclassification Bill Closer To Enactment

The California Assembly has passed a bill that would require workers to be classified as employees if the employer exerts control over how the workers perform their tasks or if their work is part of the employer’s regular...more

Labor Board: Misclassifying Worker As Independent Contractor Does Not Violate NLRA

It does not violate the National Labor Relations Act (NLRA) if an employer mistakenly misclassifies its employees as independent contractors, the National Labor Relations Board (NLRB) has decided. Velox Express, Inc., 368...more

New Jersey Task Force On Independent Contractor Misclassification Releases Report, Recommendations

The New Jersey “Task Force on Employee Misclassification” has released its report on misclassification, offering 10 recommendations. The Task Force, established in May 2018, was charged with providing recommendations to...more

Tennessee Adopts 20-Factor Test in Independent Contractor Analysis

Rejecting the strict “ABC” test adopted by its appellate court, Tennessee has enacted a new law (H.B. 539) adopting a 20-factor test to determine employee-versus-independent contractor status. The new law becomes effective...more

Gig Economy Virtual Marketplace Company Gets FLSA Nod In DOL Opinion Letter

The Department of Labor’s (DOL) Opinion Letter FLSA2019-6 issued April 29, 2019, was welcomed by virtual marketplace companies (VMCs) in particular, as well as traditional businesses that treat freelancers as independent...more

Number Of Contingent Workers Inches Higher, DOL Survey Finds

The Department of Labor (DOL) has confirmed the gig economy is alive and well, but the number of workers has increased only slightly in the past decade. The DOL released its much-anticipated “Contingent and Alternative...more

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