Tag: independent

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

Seasons’ Greetings From The California Legislature–New Laws That Apply To Employers In January 2012

The California legislature has done plenty this year to leave in employers’ stockings for the holidays–new employment laws that will become effective January 1, 2012.  In addition to the new California Transparency in Supply Chains Act we blogged about earlier, after some eggnog and holiday cheer, employers will need to be aware of new legal … 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

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

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

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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