Independent Contractor - Lamson Dugan & Murray LLP

18 Jul, 2015

The DOL Claims Most Independent Contractors Are Employees

Craig Martin2018-04-23T23:55:10-05:00July 18th, 2015|Construction Contractor Advisor, Independent Contractor|

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 [...]

6 Sep, 2012

Now is the Time to Determine Whether your Workers are Employees or Independent Contractors.

Craig Martin2012-09-06T10:25:03-05:00September 6th, 2012|Employee Classification, Independent Contractor|

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 [...]

19 Jan, 2012

Minimizing Your Risk under the Fair Labor Standards Act

Craig Martin2012-01-19T09:26:34-06:00January 19th, 2012|Employee, FLSA, Independent Contractor|

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, [...]

8 Jun, 2011

Do you Really have Independent Contractors?

Craig Martin2011-06-08T08:39:11-05:00June 8th, 2011|Construction Law, Employee, Independent Contractor, Limit Liability|

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 [...]

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