March 13, 2024
We touched on the new independent contractor rules issued by the Department of Labor and the National Labor Relations Board during our January legislative update, but many of our attendees followed up by requesting more in-depth training on navigating independent contractor relationships in your businesses.April 20, 2023
On April 27, 2021, President Biden signed Executive Order (E.O.) 14026, which raised the minimum wage paid by government contractors to workers performing work “on or in connection with” covered federal contracts. As of January 1, 2023, workers covered by E.O. 14026 must be paid a minimum wage of $16.20 per hour to be compliant with the executive order.November 07, 2022
The Department of Labor (DOL) has extended the public comment period on its newly proposed test to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). If adopted, the proposed rule would rescind a prior rule published on January 7, 2021 (2021 IC Rule). Importantly, the new test would only apply to classifying workers under the FLSA. Different tests apply for determining employee status under, for instance, the Internal Revenue Code, Title VII and state employment laws.March 15, 2021
The Biden Administration has directed a number of changes that impact employers under Administrative Agency action as well as the passage of the American Rescue Plan Act (ARPA). We are highlighting a few of those here to alert employers and will cover them more in-depth in later blogs or our seminars.March 17, 2020
Many businesses are already experiencing raw material shortages related to the coronavirus. As the virus and the related quarantines spread, most businesses are likely to experience material and labor shortages that will affect their ability to service their customers. Depending on the relevant contracts and relevant law, those businesses may be excused from performance.March 11, 2020
After dominating the headlines for several months, the COVID-19 coronavirus entered the Palmetto State this weekend, as the South Carolina Department of Health and Environmental Control announced six presumptive positive cases of the illness from March 6 through March 8.November 15, 2017
By: Perry MacLennan
In a decision with potentially huge ramifications for the construction industry, the Fourth Circuit Court of Appeals found that employees of a framing and drywall subcontractor were also the employees of a general contractor for purposes of federal employment laws.
August 24, 2017
By: Perry MacLennan
This blog has previously covered the potential pitfalls of classifying workers as independent contractors. While classifying a worker as a “1099” offers many potential benefits on the business side, it can expose the company to significant tax liability, statutory penalties, and monetary damages.
June 07, 2017
By: Perry MacLennan
As this blog previously covered here and here, the United States Department of Labor under President Obama cracked down on misclassification of workers as independent contractors and broadly interpreted who was considered a “joint employer.”