Independent Contractor Compliance Blog

An Independent Contractor for Some Tasks But an Employee for Others?

An Illinois real estate company thought it could call a janitor an employee for some work tasks but call him an independent contractor for other parts of his role. The Honorable Ruben Castillo, presiding judge in the Illinois Northern District Court had a different opinion (Bulaj v. Wilmette Real Estate & Mgmt. Co. Rexhep Bulaj). [...]

Predators Circling in the Water – Searching for Misclassified Workers

I was recently home with the flu, and couldn’t sleep during the day, so I watched some daytime television. I saw many TV commercials encouraging workers-both IC’s and employees-to sue the companies that feed them. If you spend your daytime hours working, you may not realize there are packs of predators stalking the underemployed, the [...]

There is a New Kind of Government Enforcement Audit to Think About

WASHINGTON – U.S. Immigration and Customs Enforcement (ICE) is employing a quieter, and possibly more effective, approach to going after illegal immigrants employed in the United States. Instead of conducting high-profile police raids of factories, farms and other businesses, ICE auditors are showing up to audit companies’ books. In just the first two weeks of [...]

Maryland’s Workplace Fraud Act Designed to Catch Employee Misclassification

The Maryland Department of Labor, Licensing, and Regulation (DLLR) published its proposed regulations to implement the recently enacted Workplace Fraud Act of 2009 (the Act), which took effect on October 1, 2009. While the Act and regulations currently affect primarily those employers in the construction and landscape industries, all Maryland employers should pay close attention [...]

Survey Confirms California Has One of the Worst Legal Climates in the Nation for Employers

California’s lawsuit climate is one of the worst in the nation, joining Alabama, Louisiana and West Virginia, according to a U.S. Chamber Institute for Legal Reform report released last week.  This conclusion was based upon an annual survey asking 1,482 U.S. corporate lawyers, who represent companies with at least $100 million in revenue, to rank [...]

Department of Labor Tells Congress it Wants to Get Tough on Worker Misclassifications

The already huge U.S. Department of Labor (DOL) is asking Congress for $116.5 billion in funding and 17,800 full-time employees for fiscal year 2011 budget. During a recent budget hearing, (conducted by the House Appropriations Committee’s Subcommittee on Labor, Health and Human Services, Education and Related Agencies) Labor Secretary Hilda Solis testified that in addition [...]

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