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Rapid Reaction: Biden’s workforce policy taking shape
During the campaign season, President-Elect Biden pledged to fight for the working class, support unionization and to be tough on businesses that fail to legally and properly make accurate classifications of the Independent Contractors (ICs) – i.e., commit worker...
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Are you undervetting your independent contractors?
As we move into a new year and administration, we’re all in goal-making mode. Sure, our most immediate resolutions are to keep safe and pay our bills during this time. After those pressing goals, if you’re like me, maybe you have a goal to eat movie popcorn in a...
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Cutting to the chase on DOL’s final rule on worker misclassification
This week, the Department of Labor (DOL) passed its final rule on worker misclassification. This rule had been fast-tracked through the notice and comment period to meet year end. According to Wage and Hour Division Administrator Cheryl Stanton: “The rule…continues...
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Why employers should be concerned when employees “work from home” in a location other than their home address
We’re all tired of hearing about how uncertain, unprecedented and challenging 2020 has been. Unfortunately, it’s the reality society faces due to COVID-19. New pandemic-related legislation has created complexities for employers that no one could have predicted. ...
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As if 2020 weren’t disruptive enough: New proposed legislation could shake up the staffing industry
Three members of congress recently proposed a law called the “Worker Flexibility and Small Business Protection Act,” that would greatly expand the rights of temporary and independent workers, yet compromise employer flexibility and the desire by some workers to maintain their independence as contractors or temporary employees.
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Developments in Minnesota – Standard Practice Isn’t So Standard Anymore
The end of July brought some interesting developments in the Land of 10,000 Lakes. First, on July 29, the Minnesota Supreme Court tossed common law on its head in a case involving Hospitals and Independent Contractor (IC) Physicians. Traditionally, the law in...
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1099 Legislation: Why The Pace Of Change Has Accelerated in 2020
2020 has become another landmark year of transformational change for 1099 legislation, and most of it has flown under the radar. We have seen rapid and substantial legislative change in multiple states, groundbreaking lawsuits being filed and rapid shifts in the...
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Big changes on the horizon for Virginia employment law. Are you ready?
In March 2020, Virginia’s Governor Ralph Northam signed into law, a series of employment-related bills that dramatically redefine Virginia’s employment laws with a focus on worker misclassification. This comes in response to a Q4 2019 Virginia Inter-Agency Taskforce...
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COVID-19 intensifies pressure on AB5… is now the time to hit ‘pause?’
On April 14, 2020 over 150 economists and political scientists in California published an open letter to California Governor, Gavin Newsom, and the California State Legislature asking them to suspend Assembly Bill 5 (AB5). AB5 is the historic law passed in 2019 which...
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Will COVID-19 force the creation of a third class of U.S. worker?
Five years ago, in an article for Workforce Magazine, I wrote about the need to create a third class of U.S. workers. This “Quasi-Independent Contractor (IC)” would better fit the economy and reality of modern times. A new class of worker that lays somewhere between a...
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