Law Blog

What’s the Difference between an Employee and Independent Contractor?

The stagnant economy has forced many employers to take creative action when it comes to protecting their bottom line. Unfortunately, some have gone too far and are doing things that are unethical or downright illegal. One of the most common ways employers bend the rules is in employee misclassification. Some companies, in an effort to reduce their obligation to employees, are listing those performing work as independent contractors (ICs), when in fact they should qualify as employees.

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New Collective Action filed in the Eastern District of New York

Calderon v. Dynamic Corporate Holdings, Inc., et al., Case No. 2:14-cv-03093

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2628 Hits

New Rights for Unpaid Interns in NY

In 2013, it was held that an unpaid intern working in New York City did not have a right to sue for sexual harassment because she was not an “employee” under the City’s Human Rights Law. Since the classification of “employee” did not apply to unpaid interns, such interns also did not have standing to sue in New York City administrative agencies. The effect of this narrowed classification eliminated unpaid interns from having standing to sue for sexual harassment or unlawful discrimination.

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New Employment Rights for Truckers In New York

On January 10, 2014, Governor Cuomo signed the New York State Commercial Goods Transportation Industry Fair Play Act (“CGTIFPA”). As a result, New York’s Labor Commissioner, Peter Rivera recently announced a new state law for determining whether a commercial truck driver is an employee or independent contractor, and provides penalties for employers who fail to properly protect and classify their employees.

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2807 Hits

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