Protecting Employers Since 1985

Tips for a Business Suddenly Hit with an IRS SS-8 Request

By Nancy E. Joerg / August 7, 2017

The IRS Form SS-8 has been used for decades by the IRS and is often sent to a company when a disgruntled independent contractor complains to the IRS that he/she was really an employee (and was misclassified by the company). The IRS Form SS-8 is entitled “Determination of Worker Status for Purposes of Federal Employment…

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U.S. Department of Labor Withdraws Key Obama-Era Guidance on Independent Contractor and Joint Employment Status

By Nancy E. Joerg / June 22, 2017

On Wednesday, June 7, 2017, the U.S. Department of Labor (US DOL) issued a three sentence statement trumpeted by national news and happily noted by many employers. The recently-confirmed Labor Secretary, Alexander Acosta, personally announced that he has withdrawn the US DOL’S two Interpretations on two key legal issues worrying many businesses: joint employment and…

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The Exploding New Gig Economy: States Decide Tough Classification Issues!

By Nancy E. Joerg / May 17, 2017

In recent years, many states have passed laws attempting to regulate ride-hailing companies such as Uber (and other members of the “gig economy”). These new laws cover how to treat independent contractors with regard to insurance requirements, recordkeeping, inspections and background checks, etc. GIG ECONOMY: The term “gig economy” is new and confusing. Generally speaking,…

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U.S. Court of Appeals for the District of Columbia Slams NLRB’s Test for Employee Status

By Nancy E. Joerg / April 10, 2017

On March 3, 2017, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) issued a forceful decision strongly in favor of FedEx and its claims of independent contractor status for some of its drivers. The D.C. Circuit squarely disagreed with the National Labor Relations Board (NLRB), which had held that single-route Ground Division…

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Lowe’s Settles Independent Contractor Misclassification Case

By Nancy E. Joerg / February 8, 2017

With an increasing pace, the news is filled with lawsuits against companies who use independent contractors. This marked litigation trend spans the entire United States and shows no sign of letting up. Companies who use independent contractors need to carefully review their practices with their independent contractors and try to reduce their risk in using…

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Independent Contractor Protection Laws

By Nancy E. Joerg / November 29, 2016

NEW LAWS SPRINGING UP: With the change in our national economy and workforce tilting more and more towards “self-employment” and independent contractor status, new laws are springing up, both state and federal, to respond. Some of these new laws intend to punish companies who “misclassify” employees by (incorrectly) calling them independent contractors. NEW YORK LAW…

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More Aggressive Action By USDOL Against Classifying Workers As Independent Contractors

By Nancy E. Joerg / September 23, 2016

NEW U.S. DOL WEBPAGE ABOUT MISCLASSIFICATION MYTHS: Government agencies such as the U.S. Department of Labor (“U.S. DOL”) continue to try to reign in companies that use independent contractors (and make it more high-risk for these companies to do so). In this spirit, the U.S. DOL recently established a controversial new page on its website…

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