News & Analysis as of

Construction Industry Independent Contractors Misclassification

Cozen O'Connor

IL AG Settles Employee Misclassification and Wage Theft Claims With Construction Company

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Illinois AG Kwame Raoul settled with TBJ Drywall & Taping, Inc. (TBJ), resolving allegations that the company misclassified employees and failed to pay overtime wages in violation of state labor and employment laws....more

PilieroMazza PLLC

Call It What It Is: D.C. Cracks Down on Employee Misclassification in Construction

PilieroMazza PLLC on

Employee misclassification is an area of employment law that has steadily become a prominent subject of litigation in recent years. The decision of whether a specific worker is properly identified as an employee or...more

Jackson Lewis P.C.

How Construction Employers Can Avoid Common Wage & Hour Claims

Jackson Lewis P.C. on

Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However,...more

Jackson Lewis P.C.

Lessons for Construction Industry in Labor Board’s New Test to Classify Independent Contractors

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) has made finding independent contractor status harder under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95 (2023). This decision may significantly affect...more

Tucker Arensberg, P.C.

Have Independent Contractors on Your Jobsite?

Tucker Arensberg, P.C. on

If you operate a construction business in Pennsylvania, and hire independent contractors, who you pay via 1099s, you could face criminal charges, and be forced to pay fines and restitution if these workers are not properly...more

Cohen Seglias Pallas Greenhall & Furman PC

Rare Criminal Enforcement for Violations of PA Workplace Misclassification Statute Leads to Dozens of Charges in Delaware County

Pennsylvania Attorney General Josh Shapiro made the point in a recent press conference, saying, “When you misclassify employees, let me be clear what you are doing: You are stealing.”...more

Dentons

Is a Worker an Employee or Independent Contractor? DOL Proposes New Rule

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For many years, construction companies have been faced with the issue of whether they should treat a worker as an employee or independent contractor. Handling the issue incorrectly can have serious consequences. Various...more

Payne & Fears

AB5 Construction Exemption - A Checklist to Avoid Application of AB5's Three-Part Test

Payne & Fears on

Construction companies have a unique opportunity to avoid the application of the restrictive new independent contractors' law that took effect this year. This article provides a checklist that will help construction companies...more

Coblentz Patch Duffy & Bass

California Assembly Bill Five Excepts Certain Categories Of Workers From Independent Contractor Classification Overhaul

Last week, the California Legislature passed Assembly Bill (AB) 5, a new law related to an issue that is critically important to California employers and service providers—whether a worker is classified as an employee or an...more

Robins Kaplan LLP

Financial Daily Dose 8.30.2019 | Top Story: E-cig Company Juul Faces Federal Probes into Marketing and Health Concerns

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The FTC has opened a probe into e-cigarette maker Juul’s marketing practices, including allegations that the company “used influencers and other marketing to appeal to minors”....more

Cohen Seglias Pallas Greenhall & Furman PC

PA Construction Legislative Update

Harrisburg has seen a number of proposed bills during the past few weeks, many of which will have significant legal impacts on the construction industry. On the top of the list is an anti-indemnity statute that would put...more

McNees Wallace & Nurick LLC

Whose Employee is it Anyway? The Construction Workplace Misclassification Act Provides Clarity in Workers’ Compensation Cases

The first cases addressing the impact of Pennsylvania’s Construction Workplace Misclassification Act (“CWMA”) in the context of the Pennsylvania’s Workers’ Compensation Act, have finally reached the Appellate Courts. The...more

Parker Poe Adams & Bernstein LLP

North Carolina Governor Signs Law Creating Division to Investigate and Prosecute Employee Misclassification Claims

In 2015, a Raleigh newspaper ran a series of investigative articles focused on construction industry members that classified a large portion of their workers as independent contractors instead of employees. The articles...more

Ward and Smith, P.A.

Joint Employment: Are Your Subcontractors Leaving You at Risk?

Ward and Smith, P.A. on

In a recent article, we discussed steps taken by the U.S. Department of Labor ("USDOL") to crackdown on the rampant misclassification of employees as independent contractors. The USDOL effectively created a default rule that...more

Troutman Pepper

January 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

Spilman Thomas & Battle, PLLC

Labor & Employment Hot Topics Impacting the Construction Industry

A number of employment-related developments are likely to impact the construction industry. This article is intended to briefly summarize some of these developments....more

Troutman Pepper

New York Establishes a Super IC Misclassification-Plus Task Force

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Yesterday, New York Governor Andrew Cuomo signed Executive Order No. 159 expanding the existing Joint Enforcement Task Force on Employee Misclassification into a Joint Enforcement Task Force on Worker Exploitation and...more

Troutman Pepper

May 2016 Independent Contractor Misclassification and Compliance News Update

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TELECOM SALES AND MARKETING AGENTS GAIN CERTIFICATION IN IC MISCLASSIFICATION CLASS ACTION. A New York federal district court grants conditional certification of a proposed FLSA nationwide collective action brought against...more

Littler

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Littler on

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

Troutman Pepper

August 2015 Independent Contractor Compliance and Misclassification News Update

Troutman Pepper on

August 2015 was not a vacation month for independent contractor cases. No less than seven major litigation events transpired this past month, highlighted by more of the same as well as some new developments. Several companies...more

McNees Wallace & Nurick LLC

Workers’ Compensation Update: Commonwealth Court Clarifies “Written Contract” Requirement for Independent Contractor...

In 2010, the Pennsylvania Legislature enacted the Construction Workplace Misclassification Act (CWMA), which, in part, attempted to clarify who is and is not an independent contractor (in the construction industry) for the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Red Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors

On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act...more

Baker Donelson

Decision Reflects Danger in Misclassifying Employees as Independent Contractors

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A recent decision by a federal district court in Maryland highlights the dangers in classifying individuals as independent contractors instead of employees. (Randolph v. PowerComm Construction, Inc.) In this case, the...more

Baker Donelson

Construction Industry Listed as a Top Priority for Misclassification Audits

Baker Donelson on

Earlier this year, the U.S. Department of Labor (DOL) announced its 2015 Misclassification Initiative aimed at combatting misclassification of employees as independent contractors. At the top of its target list? Employers in...more

Cohen Seglias Pallas Greenhall & Furman PC

U.S. Department of Labor Issues New Guidance on Misclassification of Employees as Independent Contractors

The U.S. Department of Labor (DOL) issued guidance on July 15 aimed at curbing the misclassification of employees as independent contractors. The guidance provides several examples of workers in the construction industry. ...more

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