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.

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.
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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.
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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.
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OSHA issues Covid-19 guidance for employers

|February 3rd, 2021|

The Occupational Safety and Health Administration last week issued stronger worker Covid-19 safety guidance, looking for employers to involve personnel with plans.

IC litigation: Amazon, Voice of America, Uber

|February 3rd, 2021|

Amazon settles with the FTC over driver wages. Independent contractors say Voice of America ignored a 2014 audit that found misclassification. Court grants class status to Uber drivers; ABC test to be applied.

NLRB appointments: A different direction

|January 27th, 2021|

With a new chairman and new acting general counsel, the National Labor Relations Board is expected to target Trump policies.

California’s ‘ABC’ IC classification test applies retroactively

|January 20th, 2021|

The California Supreme Court ruled last week the ABC test for independent contractor classification, established in the court’s 2018 Dynamex decision, applies retroactively.

DOL announces final independent contractor classification rule

|January 6th, 2021|

The US Department of Labor announced today its final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA). However, President-elect Biden has signaled plans to halt all pending regulations.

Home Depot fined $20.8 million for failing to ensure contractor compliance

|December 22nd, 2020|

A proposed settlement with the home improvement company resolves alleged violations of the Environmental Protection Agency’s Lead Renovation, Repair and Painting Rule by its contractors across the US.

Court: Federal aviation law does not preempt AB 5

|December 2nd, 2020|

The Federal Aviation Administration Authorization Act does not preempt California’s ABC test for independent contractor classification, a state court has ruled.