Protecting Employers Since 1985

Five Commonly Asked Questions About IRS Form SS-8

By Nancy E. Joerg / December 4, 2018

Over the years, I’ve had an increasing number of phone calls from company owners who have received in the mail a disturbing and unwelcome letter from an IRS SS-8 Unit, usually located in Holtsville, New York. The letter contains a cover letter and also an IRS Form SS-8 Questionnaire entitled “Determination of Worker Status for…

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Independent Contractor Legal Battle Now May Include Accusations of Unfair Competition

By Nancy E. Joerg / October 26, 2018

In September 2018, yet another lawsuit was filed against Uber, the ride-hailing company that has had several lawsuits filed against it, many about the classification issue of whether Uber drivers are employees or independent contractors. Uber has found some effective legal defenses in these lawsuits against it, so now a unique kind of lawsuit has…

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Exotic Dancers Found By Jury To Be Misclassified Independent Contractors

By Nancy E. Joerg / September 24, 2018

Exotic dancers can be properly classified as either employees or independent contractors depending on how the working relationship is structured. But when the independent contractors believe they have been misclassified and should have really been employees, lawsuits may result. THRESHOLD LEGAL ISSUE: A Florida federal jury (under the U.S. District Court for the Southern District…

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New Law Creates Online Complaint System for Misclassification of Workers as Independent Contractors Rather than Employees

By Anthony J. Caruso Jr. / September 17, 2018

On September 22, 2017, Illinois Governor Bruce Rauner signed new legislation (effective July 1, 2018) called the Illinois Employee Misclassification Referral System Act. This law requires the Illinois Department of Labor to create an online misclassification referral system on the DOL website. As such, the misclassification complaint may be automatically referred to the Illinois Department…

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New York City Places Caps on Uber and Lyft!

By Nancy E. Joerg / August 24, 2018

Creating a brave new world for taxi and limousine service companies, Uber and Lyft introduced their ride-hailing services approximately six years ago. Time has passed and now urban policy makers are shocked at how these very convenient and popular ride-hailing services have quickly changed transportation options in cities like New York City. To fix a…

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How Should A Company Respond When It Suddenly Receives an IRS Form SS-8 in the Mail!??

By Nancy E. Joerg / June 26, 2018

The Answers to the Top Ten Employer Questions When a company uses independent contractors, it is not unusual for the Company to suddenly get a letter from the IRS that a current or former worker has submitted an IRS Form SS-8 (Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding).…

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A 2018 Update For Illinois Trucking Companies Who Use Independent Contractors: Another Look At Owner-Operators!

By Nancy E. Joerg / April 19, 2018

The purpose of this article is to update readers on what has been happening recently with Illinois Department of Employment Security (“IDES”) Hearings (and IDES audits) regarding the classification of owner-operator truck drivers (i.e., are they independent contractors or misclassified employees for purposes of Section 212.1?). SECTION 212.1: Many readers will know that the IDES…

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All Employers in North Carolina Must Now Post an Independent Contractor Notice

By Nancy E. Joerg / January 9, 2018

There is a wide variation, state by state, as far as the treatment of the independent contractor versus employee classification issue. Laws regarding independent contractor status and unemployment insurance benefits, workers’ compensation coverage, overtime, etc. vary widely from state to state. Yes, there are also Federal laws which impact independent contractor status; but, increasingly, states…

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The Illinois Department of Employment Security (IDES) Interprets Independent Contractor ABC Test More Harshly than Other States

By Nancy E. Joerg / November 22, 2017

Good news for New Jersey employers who use independent contractors! Happily, the Superior Court of New Jersey Appellate Division [in Garden State Fireworks Inc. v. NJ Dept. of Labor, A-1581-15T2 (N.J. App. Div. September 29, 2017] recently decided that a pyrotechnics company’s legal relationship with its independent contractor pyrotechnicians satisfied all three parts of the…

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Congress Is Struggling To Handle The Gig Economy

By Nancy E. Joerg / November 8, 2017

Yet one more area of controversy for our Congress to battle over is the “Gig Economy.” Should Congress regulate it through new legislation? – or is it better to leave it to the courts? On September 6, 2017, the House Education and Workforce Committee held a fascinating Congressional Hearing to air and discuss competing viewpoints…

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