Roberto Cruz

Rob Cruz is Legal and Compliance Counsel for TalentWave.

Posts by Roberto Cruz:

More tremors in California: Why you simply can’t ignore the AB5 State Assembly bill as it relates to Dynamex and Independent Contractors
June 4th, 2019

Just one year and one month since the Dynamex decision rocked the pillars of California’s worker classification regime, it’s come to this: On May 29, 2019, the California legislature overwhelmingly passed Assembly Bill 5 (AB5). That bill, which is now off to the State Senate, seeks to codify as law the ABC test as the […]

Massachusetts in 2008. New York in 2015. Virginia, New Jersey and Colorado in 2018. Now, Wisconsin.
April 19th, 2019

Concerned about Payroll Fraud and Worker Misclassification? The new Task Force is. States continue to act aggressively on matters of worker misclassification. On April 15, 2019, Wisconsin became the latest state to create a task force to crack down on and collect from businesses who commit worker misclassification. (See full press release and Executive Order). Called […]

DOL’s 4-Factor Test May Help Take the Guesswork out of Joint-Employment
April 2nd, 2019

This week, the Department of Labor (DOL) released a notice of proposed rulemaking in an effort to simplify the often-complicated issue of what a joint-employer is and, more importantly, when your business is at risk of being found to be one. The DOL’s stated goals were to “promote certainty for employers and employees, reduce litigation, […]

Bureau of Labor Statistics report on independent contractors: What just happened?
June 28th, 2018

For the last several years, we have been bombarded with industry and academic reports, telling us firmly that the gig/freelance/independent contractor (IC) population is propagating itself at record levels. The numbers (we have been told) of Americans with non-traditional W-2 work arrangements could be as high as 50 million, with the expectations to only increase. […]

Dynamex ruling creates seismic shift in California labor law
May 16th, 2018

On April 30th, there was a tectonic shift in California that didn’t involve a major fault line. The California Supreme Court’s heavily-anticipated Dynamex decision resulted in what may become a new legal standard that will be applied, not just to this case, but broadly across the state. Specifically, the court departed from applying the previous […]

Are We Inching Closer to a Definition of an Independent Contractor?
October 3rd, 2017

As a brief refresher, worker misclassification is generally “defined” as a worker who is paid on 1099/independent contractor basis (e.g., no taxes withheld) who is, in fact, subject to the same direction and control as a regular W-2 employee. The government takes notice of this misclassification because, among other things, employers are required by law […]

New York City’s Freelance Isn’t Free Act: Be Aware, Not Wary
January 18th, 2017

New York City’s Freelance Isn’t Free Act leaves a lot open to interpretation, however, its goals are to establish and enhance protections for freelancers by creating and protecting their right to a written contract, timely payment, and freedom from retaliation should they choose to enforce their protections under the Act.

New Demand from the On Demand Worker: A Collective Voice
April 11th, 2016

Where the demand exists, the organization is bound to follow. This could be part of the mantra that has successfully launched gig economy platforms Like Uber, Lyft, and DoorDash. Many of these apps have grown strong on an Independent Contractor-rich diet. Despite the stated benefits, many on-demand workers are now demanding something more: a unified voice to bargain with the companies whose apps they serve.

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