Tag: contractor

Washington Court of Appeals Holds Independent Contractors Are Protected from Retaliation by the Washington Law Against Discrimination

The Washington courts are strict in their interpretation of the classification of individuals as employees versus independent contractors, resulting in many an employer discovering that an “independent contractor” is instead an employee. But the Washington Court of Appeals’ recent ruling in Currier v. Northland Services, Inc., confirms that even those individuals who qualify as bona fide … Continue Reading

Court of Appeals Interprets Definition of “Independent Contractor” Under ORS 670.600

A new case from the Oregon Court of Appeals, Compressed Pattern LLC v. Employment Department, provides some clarity about the “maintain a separate business location” prong of Oregon’s unique independent contractor statute, ORS 670.600. First, the facts.  In the summer of 2009, a design company retained a recently-laid-off architectural intern to provide drafting services on … Continue Reading

More Federally Mandated Wallpaper: Federal contractors must post a notice of employee rights under the National Labor Relations Act

  Once again, employers are being given an old line: we are from the federal government and we’re here to help you . . . with your office decorating. Shortly after his inauguration, President Obama issued Executive Order 13496 (the “Order”). The Order directed that all federal contractors post a notice to their employees advising the employees of their … Continue Reading

Federal Government to Crack Down on Misclassified “Independent Contractors?”

It’s always risky to misclassify someone who should be an employee as an "independent contractor," but President Obama’s 2011 budget proposal will increase the risks for employers.  According to this budget summary from the U.S. Department of Labor, the misclassification of employees as contractors is estimated to cost the Treasury Department over $7 billion in lost payroll … Continue Reading

9th Circuit: Independent Contractor Can Assert Disability Claim Under Rehabilitation Act

The Ninth Circuit Court of Appeals ruled recently that an independent contractor may assert a disability claim against an employer under the Rehabilitation Act.  Click the link to read the opinion on Fleming v. Yuma Regional Medical Center.  The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving … Continue Reading

E-Verify Implementation on Track for September 8, 2009

Starting September 8, 2009, employers receiving federal contracts will be required to use the new E-Verify system to check their employees’ authorization to work in the United States.  This announcement comes after several delayed attempts by the Bush and Obama administrations to implement the E-Verify rule; however, their efforts were thwarted by a stay issued … Continue Reading

Oregon Musicians No Longer Presumed Employees for Unemployment Purposes

Sine die!  The Oregon Legislature’s biennial session has come to a close, providing a perfect opportunity for the Stoel Rives World of Employment to take a look at what passed, what failed, and what flew under the radar. One helpful new statute fixes a problem for employers who operate music venues.  In late 2007, Mississippi Studios, a hip … Continue Reading

Another Day, Another E-Verify Delay

It seems like just a couple days ago that we reported that implementation of the E-Verify System was delayed until June 30.  Actually, it was a couple days ago.  Well, you can forget that; the The Department of Homeland Security’s Citizenship and Immigration Service (USCIS) has announced that it will delay mandatory use of E-Verify, this … Continue Reading

E-Verify Delayed Yet Again!

Still another delay for implementation of the mandatory E-Verify system for federal contractors. The Department of Homeland Security’s Citizenship and Immigration Service (USCIS) announced for a third time that it will delay mandatory use of E-Verify, this time until June 30, 2009.  Click here to read the USCIS’s press release on the delay.  Click here for the … Continue Reading

Exotic Dancers Are Employees, Not Independent Contractors

Every now and then we need a reminder to illustrate  the dangers of misclassifying employees as "independent contractors."  Last week, the Montana Supreme Court provided such a reminder, ruling that exotic dancers were employees, not independent contractors.  Click here to read the opinion in Smith v. TYAD Inc. d/b/a Playground Lounge & Casino.  In Playground, the employer required … Continue Reading

Business Groups Sue to Block E-Verify Rule

The Society for Human Resource Management, the U.S. Chamber of Commerce, and three other groups filed a lawsuit late last month challenging the legality of an executive order that requires federal contractors to use E-Verify, the federal government’s Web-based system that uses Social Security files to ensure that employees are legal immigrants or citizens eligible to … Continue Reading

Fourteen Million Reasons Not to Misclassify Employees as Independent Contractors

A class of current and former FedEx Ground drivers misclassified as "independent contractors" will receive an additional $9 million in reimbursements for employment-related expenses, an appointed referee ruled October 20.  This award will be combined with a previous award of $5.3 million the drivers received in 2006.  The award will reimburse the drivers for such expenses as truck … Continue Reading
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