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Independent Contractors Screening Procedures

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Littler

Minnesota Now Recognizes Claims for Negligent Selection of Independent Contractors

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Companies in Minnesota that work with independent contractors should be aware of a new legal risk.  In Alonzo v. Menholt, the Minnesota Supreme Court recognized a claim for the negligent selection of an independent...more

Littler

Philadelphia Enacts Amendments to and Expands Coverage of its Background Screening Ordinances

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For years, Philadelphia has maintained ordinances substantially restricting employers’ use of criminal record and credit histories in employment screening.  These regulations are in addition to, not in lieu of, the federal...more

Troutman Pepper

10 Key FCRA Decisions and Why Companies Should Care About Them

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The case law surrounding the Fair Credit Reporting Act (FCRA) is ever-changing, and staying up to date on certain, key statutory definitions is a core compliance task for any company subject to the FCRA....more

Littler

OFCCP Issues FAQ Guidance on Selection Tools, Practical Significance, and Independent Contractors

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The U.S. Office of Federal Contract Compliance Programs (OFCCP) released two new FAQs this week.  The new guidance documents address three topics: validation of tests used by contractors when selecting workers for...more

Holland & Hart - Employers' Lawyers

2019 Nevada Employment Legislation Updates

Over the last two years, the Nevada Legislature has passed a substantial number of laws affecting Nevada employers. Some of the most notable employment laws that recently passed are summarized below....more

Littler

Ruling Raises Important Considerations for Independent Contractor Background Screening

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A federal court’s recent decision demonstrates the value in reviewing all documents related to the independent contractor background screening process to attempt to solidify potential defenses to expansive class-action...more

Littler

WPI State of the States: Labor Day Edition

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The holiday weekend marked the end of summer fun, but state legislatures across the country remained hard at work in August. Roughly nine statehouses are in active session. In other jurisdictions, such as Florida and Ohio,...more

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