Given the legislators’ focus on the issue and the progress made during the 2015 session, the bill will likely be revisited during the 2016 session. The bill includes the creation of an Employee Classification Division within the Department of Revenue, a 10 point test to determine if a worker has been misclassified, and civil penalties for offenders.
The National Labor Relations Board (NLRB) has created its own test for determining who’s an independent contractor and who isn’t.
A new Workplace Fraud Unit in RI just reached a settlement with Cardoso Construction LLC, forcing them to pay more in excess of $730,000 in back wages, interest, and penalties. Raimondo has a new four point action plan which can be read in the full press release.
For the second time this month, HP has forced some of their employees to become independent contractors for outside firms while continuing to work on HP projects. If they chose not to, they would be laid off without severance.
Cheerleaders for professional sports teams in California will have to be classified as employees eligible for overtime, sick days and other protections under a bill signed Wednesday by Governor Jerry Brown. The new law goes into effect on January 1, 2016.
On July 15, 2015, the United States Department of Labor, through its Wage and Hour Division (DOL), issued an administrator’s interpretation stating that most workers do not qualify as independent contractors under the Fair Labor Standards Act (FLSA).
The ruling by the California Labor Board should be weighed against the thousands of actions taken by various state and federal authorities which support the flourishing freelance economy. The ruling does not apply beyond Ms. Berwick and could be altered if Uber’s appeal succeeds.