The Nebraska Court of Appeals has again answered the age old question of whether a worker is an employee or an independent contractor. In Wight v H&S Contracting the court found that an individual who held himself out as a single employee operation was an independent contractor. In this case, Navarro Robles fell off of a roof while working on a job site. His widow claimed that he was an [...]
On July 15, 2015, the Department of Labor issued an Administrator’s Interpretation asserting that most independent contractors are actually employees under the Fair Labor Standards Act. The DOL claims that the FLSA’s broad definition of employment and “suffer to work” standard under the FLSA requires that most workers be treated as employees. The certainly appears to be the DOL’s warning shot over the bow and companies using independent contractors should [...]
Whether your workers are properly classified continues to be a major concern for the U.S. Department of Labor. Particularly, the designation of “independent contractor” is a central focus of their investigations. You should review your desiginations before the Department of Labor starts asking questions. The Department of Labor is joining forces with states throughout the country to uncover employees misclassified as independent contractors. This is in conjunction with the efforts [...]
The US Department of Labor reported that nearly 10% more FLSA lawsuits were filed in 2010 than in 2009, and almost double the number filed in 2005. And, DOL investigations and back-pay collection claims remain at or near record levels. Here are some tips to reduce your risk of FLSA claims: FLSA Audit. Consider performing an FLSA audit to review your policies and practices, especially those relating to exempt positions, [...]
The Department of Labor has increased its focus on independent contractors. Knowing whether your workers are independent contractors or employees is more important than ever. But how do you know? Regulatory authorities have identified a number of factors to determine whether your workers are independent contractors, but the primary factors are: The degree and extent or control you exercise over the worker; Whether the worker works for anyone else; Level [...]
