smthomas

Sharon Thomas

About Sharon Thomas

Sharon Thomas is senior managing editor with Staffing Industry Analysts. She can be reached at smthomas (at) staffingindustry (dot) com.

IC Classification roundup: AB 5 not retroactive; US Supreme Court to weigh in on Uber case?

|April 14th, 2021|

A California company successfully argued the state’s ABC test should not have applied to its IC classification case. Uber asks the US Supreme Court to enter driver classification fray.
Comments Off on IC Classification roundup: AB 5 not retroactive; US Supreme Court to weigh in on Uber case?

Trucking firm to recoup payout to injured contractor

|April 7th, 2021|

A liability policy’s employee exclusion does not apply to contractors, a jury determined. Therefore, the insurer must reimburse a trucking company the $2 million paid out to an injured IC, Reuters reported.
Comments Off on Trucking firm to recoup payout to injured contractor

Maine buyer faces penalties in H-2A visa investigation

|March 31st, 2021|

A tomato grower has paid $245,351 in back wages and $92,114 in civil money penalties for violating labor provisions of the H-2A Temporary Agricultural Visa Program and the Migrant and Seasonal Agricultural Worker Protection Act.
Comments Off on Maine buyer faces penalties in H-2A visa investigation

Massachusetts’ Uber, Lyft driver suit proceeds

|March 31st, 2021|

A Massachusetts judge denied a bid to dismiss a state lawsuit challenging Uber and Lyft classification of drivers as independent contractors instead of employees, Business Insider reported.
Comments Off on Massachusetts’ Uber, Lyft driver suit proceeds

H-1B updates: Wage hike delayed; rejected applications may be reconsidered

|March 17th, 2021|

The DOL is delaying the wage increase established in the waning days of the Trump administration for H-1B visa workers, while USCIS said it may reconsider rejected H-1B applications in light of rescinded policy memos.
Comments Off on H-1B updates: Wage hike delayed; rejected applications may be reconsidered

Regulatory update: Joint employer rule and IC test formally withdrawn

|March 17th, 2021|

The DOL announced proposals to formally withdraw the independent contractor final rule and the regulation determining joint employer status under the FLSA.
Comments Off on Regulatory update: Joint employer rule and IC test formally withdrawn

House passes legislation codifying Browning, three-factor IC test

|March 10th, 2021|

The US House of Representatives on Tuesday passed legislation that would affect several aspects of employment law, including independent contractor classification and joint employment.
Comments Off on House passes legislation codifying Browning, three-factor IC test

Regulatory update: Joint-employer rule and IC test

|March 3rd, 2021|

A proposed new regulation on joint employment status under the FLSA has gone to the White House for review. In addition, the DOL is delaying the effective date of its independent contractor classification test until May.
Comments Off on Regulatory update: Joint-employer rule and IC test

Business owner enters guilty plea in IC misclassification criminal case

|February 24th, 2021|

A construction firm owner pleaded guilty to theft and conspiracy to commit workers’ compensation fraud for misclassifying workers as independent contractors.
Comments Off on Business owner enters guilty plea in IC misclassification criminal case

DOL withdraws Trump-era gig worker opinion letter

|February 24th, 2021|

In a signal of increased scrutiny by the Biden administration of independent contractor classification, the DOL withdraws gig worker opinion letter.
Comments Off on DOL withdraws Trump-era gig worker opinion letter