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        • SEE MORE
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  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
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          vector image of young female making star rating
          Performance Review Resources
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          Understanding Equal Employment Opportunity and the EEOC
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Independent Contractors

15 ways to avoid feds' independent contractor wrath

Working with independent contractors? Here are 15 ways to ensure you don’t end up as the next write-up on the Department of Labor’s website for misclassifying them as employees.

by Dan Wisniewski
July 19, 2013
EEOC, notice requirement, wellness

5 reasons you need to tread carefully when using ICs

The compounding effect of five developments in employment law has made using independent contractors significantly more appealing and risky at the same time.  

by Christian Schappel
March 5, 2014
non-compete agreement

A cautionary tale concerning ICs: Strippers ruled as 'employees'

A new court ruling is a win for exotic dancers in Kansas — and also highlights the difficulties in determining just who qualifies as an independent contractor.

by Dan Wisniewski
February 6, 2013

A refresher course in dealing with ICs in today's enforcement climate

Pennsylvania just joined the growing list of states that pledged to work with the Department of Labor (DOL) in preventing employers from misclassifying full-time employees as independent contractors (ICs). Will your state be next?  

by Tim Gould
August 26, 2016

Adult film editor claims he wasn't an IC, seeks overtime

Signed agreements from workers stating that they are independent contractors mean little if the Department of Labor (DOL) feels a worker has been improperly classified.

by Christian Schappel
July 12, 2011

Alert: Feds and states take steps to reduce use of ICs

If your company is  considering broader use of independent contractors to save money, be aware that federal and state lawmakers and investigators plan to go hard on any employer who doesn’t meet strict IC requirements.

by Jim Giuliano
November 18, 2009

Answers to tricky HR questions: Could asking DOL for advice put us in jeopardy?

Our team of experts fields real-life, everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s question: Will asking the DOL for guidance on classifying workers trigger an investigation?

by Tim Gould
July 1, 2010

Are these strippers employees? Judge makes $10.8M call

You know the cost of misclassifying employees as independent contractors. But can you determine whether or not these exotic dancers were employees?

by Christian Schappel
November 19, 2014
independent contractors

At it again: Congress weighs latest employee classification bill

Enter the latest wave in the sea of crackdowns, regulations and additional paperwork surrounding the classification (or misclassification) of employees.

by Christian Schappel
October 28, 2011

Beware: New DOL action makes using independent contractors even riskier

To all those using independent contractors: The Department of Labor (DOL) is no longer looking to just strengthen its own enforcement of employee classification rules, it’s now strengthening states’ enforcement efforts as well.

by Christian Schappel
September 17, 2014
independent contractor

Bigger crackdown: Wage and hour violators now face multiple fines

The Department of Labor (DOL), Internal Revenue Service (IRS) and nine states have teamed up to find wage and hour violators and fine them heavily.

by Christian Schappel
September 27, 2011

C'mon — male strippers aren't 'creative professionals'?

Some people just don’t appreciate art. A U.S. District Court judge in Georgia has ruled that male strippers don’t qualify for exempt status as “creative professionals.”   

by Tim Gould
July 10, 2015

Can employees voluntarily refuse overtime pay? DOL weighs in

Citywide Protection Services formed an agreement with its security guards: The guards could work extra hours in exchange for straight-time pay only — no time-and-a-half. 

by Christian Schappel
April 23, 2014

Congress takes another look at employee classification

The hits just keep on coming: Congress is considering another measure designed to crack down on companies that classify workers as independent contractors.

by Tim Gould
October 6, 2010

Connecticut OKs mandated paid sick days for service employees

It’s official. Connecticut is the first state to pass legislation mandating paid sick leave for employees.

by Tim Gould
June 10, 2011

COVID-19 sparks classification debate for drivers, delivery personnel

During the present pandemic, online facilitators of food-delivery services have thrived.  For example, Instacart — which sends “shoppers” into supermarkets on customers’ behalf — has grown its business by 500%. By contrast, Uber and Lyft have struggled, but are beginning to see upticks in business in major metropolitan regions such as Philadelphia. Meanwhile, these companies’ […]

by Dr. Jim Castagnera, HR Expert Contributor
August 13, 2020

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