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Teamsters Joint Council 16 Applauds Governor Cuomo's Signing of New York ... - Sacramento Bee

Teamsters Joint Council 16 Applauds Governor Cuomo's Signing of New York ... - Sacramento Bee | Compliance Central | Scoop.it
Teamsters Joint Council 16 Applauds Governor Cuomo's Signing of New York ...
Sacramento Bee
NEW YORK, Jan. 10, 2014 -- Gov. Cuomo Enacts Most Comprehensive Legislation in Country to Combat Worker Misclassification.
ComplianceDiva's insight:

No real surprises here. Union activity in this area has steadily increased over the last few years (just ask FedEx)....they too need to keep the money coming in. More members = more dues!

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List of Top 2014 Affordable Care Act Changes for Employers | Infinisource Newsroom

List of Top 2014 Affordable Care Act Changes for Employers | Infinisource Newsroom | Compliance Central | Scoop.it
List of Top 2014 Affordable Care Act Changes for Employers
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Amid Affordable Care Act’s problems, a reminder of computer-free times

Amid Affordable Care Act’s problems, a reminder of computer-free times | Compliance Central | Scoop.it
So, how did we ever start Social Security and Medicare without computers, not to mention make them work?
ComplianceDiva's insight:

This is a great little article on how things used to work around here. Check it out!

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WASHINGTON: Bill aims to protect workers wrongly labeled as independent contractors | National Business News | Columbus Ledger Enquirer

WASHINGTON: Bill aims to protect workers wrongly labeled as independent contractors | National Business News | Columbus Ledger Enquirer | Compliance Central | Scoop.it
The hunt for cheap labor has led to a rash of payroll fraud by companies scraping for any advantage in a sputtering economy, lawmakers say.
ComplianceDiva's insight:

A bill introduced on Tuesday to protect misclassified workers under the Fair Labor Standards Act has some employers worried. Those who depend on ICs are concerned that new legislation will only add to the growing list of employer mandates and further erode the entrepreneurial spirit and all because of the actions of a few bad actors. Currently worker misclassification is not a violation under FLSA but Senator Bob Casey is hopeful that his bill will bring about much needed change in the construction industry.

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Indian outsourcing giant Infosys to settle US visa fraud case for $34 million

Indian outsourcing giant Infosys to settle US visa fraud case for $34 million | Compliance Central | Scoop.it
ComplianceDiva's insight:

Inquiring minds want to know...

The B-1 Visa is used to enter the U.S. to engage in such  business activities as: negotiating contracts for an overseas employer,  consulting with business associates, attending professional conferences etc.  The B-1 visa may not be used for employment purposes as immigration law does not permit a B-1 visitor to engage in any form of employment in the U.S. including  salaried work or services performed on an independent basis.

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Thank You For Contacting The Government; We’re Out Of The Office Until The Shutdown Ends - Employment and HR - United States

Thank You For Contacting The Government; We’re Out Of The Office Until The Shutdown Ends - Employment and HR - United States | Compliance Central | Scoop.it
10 Oct 2013 - United States - Employment and HR - Thank You For Contacting The Government; We’re Out Of The Office Until The Shutdown Ends - Strasburger & Price, L.L.P.
ComplianceDiva's insight:

U.S. Department of Labor - Wage & Hour worker misclassification investigations are suspended until funding is restored....

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California Joins Growing Number of States to Enact Independent Contractor Misclassification Legislation: State adds new, costly penalties for willful misclassification, but protects the right of bu...

California joins a growing list of states that have enacted independent contractor misclassification legislation in the past four years.  This new law, signed by Governor Jerry Brown on October 9, ...
ComplianceDiva's insight:

Just in case you missed it....it's still legal to hire an independent contractor as long as you do it the right way.

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Staffing Agency Employee May Sue Multiple Employers For Wrongful Discharge, Federal Court Rules - Employment and HR - United States

Staffing Agency Employee May Sue Multiple Employers For Wrongful Discharge, Federal Court Rules - Employment and HR - United States | Compliance Central | Scoop.it
25 Sep 2013 - United States - Employment and HR - Staffing Agency Employee May Sue Multiple Employers For Wrongful Discharge, Federal Court Rules - BakerHostetler - Companies who use staffing agencies to supply workers may be considered joint...
ComplianceDiva's insight:

Four factors used to determine joint employment...court chose the third and fourth factors to rule that GE is a joint employer along with the staffing company.

Interesting. Relationships established between a client and a staffing  agency almost always  three of the four factors are present from the onset. Although the client may not physically remove an individual from its premises (not supposed to anyway) they certainly determine who is hired, rules of conduct while there and  who stays and who goes. It's the nature of the industry!

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Christie Vetoes Bill That Would Have Prevented Some Truck Drivers From Being Treated As Independent Contractors | njtoday.net – Everything New Jersey

Christie Vetoes Bill That Would Have Prevented Some Truck Drivers From Being Treated As Independent Contractors | njtoday.net – Everything New Jersey | Compliance Central | Scoop.it
TRENTON -- Gov. Chris Christie vetoed a bill that would have protected some truck drivers from being inappropriately classified as independent contractors,...
ComplianceDiva's insight:

Gov. Chris Christie flattened NJ hopefuls with his veto on a bill that would have mandated companies who hire short distance truck drivers & local package delivery drivers to prove independence. These folks got a big pass. In a payroll audit employers are on the hook to prove their innocence by providing “evidence” of working with an IC and not a misclassified employee.  

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WHD News Release: Judge finds Ohio-based Cascom Inc. liable for nearly $1.5 million in back wages, damages to employees misclassified as independent contractors [08/29/2012]

ComplianceDiva's insight:

Hiring workers as independent contractors to perform integral services is a tough sell. First line of defense...step back and examine why you need to engage an IC. If it's not a project, skill set is resident within your organization and the services are core to your business well...you probably need an employee (temp or regular) and not an IC.

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Network Management and the Changing Nature of Work

Network Management and the Changing Nature of Work | Compliance Central | Scoop.it
Labor and contracting rules must be updated and need to be based on the economy and technologies of this century, not the last one.
ComplianceDiva's insight:

 

I disagree with the author's statement of what we need to run our businesses today. A strong union movement in this country to protect workers from predatory employers is not needed in all industries. Professional IC's are not a bunch that needs the government or a union’s protection.

                      

I agree labor and contractor rules are outdated and should be streamlined to reflect how real business is conducted today. There is no flexibility in the law that allows companies and individuals to work together in a manner that works for them. Antiquated rules are applied with such a broad brush it’s the lawyers and the government that benefit from laws that make little sense in today’s business environment. The DOL is the most aggressive often acting more like an attack dog than a protector when it comes to unfair labor practices. It has made such significant inroads shutting down unfair employer practices in targeted industries it should be commended. But along the way all employers regardless of industry have fallen victim to unjust scrutiny and forced to operate out of fear of these hounds. Fear of being audited steps taken by employers to insulate themselves have resulted in significant increases in operating costs. Employers are afraid to work with an independent contractor and will instead hire an employee or a temp to do this work. Regrettably the employer is forced to shed the extra headcount a short time later because they had a project and not a job they needed done.

 

If the government and the unions want to make a difference and the mission is protecting workers who are incapable they should focus 100 percent of their time and effort on this group. Leave the small business owner and its clients alone… we got it!

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FedEx Outwits Rivals In Independent Contractor Fight

FedEx Outwits Rivals In Independent Contractor Fight | Compliance Central | Scoop.it
FedEx lobbyists got a NY law amended, and will save $122 million per year while increasing costs to competitors.
ComplianceDiva's insight:

This could get very interesting. I can picture UPS and the Unions jumping up and down demanding that something be done to stop FedEx in its tracks!

 

Looks like the old brown fox has been outfoxed by its white rival!

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Rhea Lana's Unpaid Moms 'Don't Care About Making Minimum Wage'

Rhea Lana's Unpaid Moms 'Don't Care About Making Minimum Wage' | Compliance Central | Scoop.it
A children’s consignment franchise pushed back on government investigations of labor violations. Their fight provides a window into the sharing economy
ComplianceDiva's insight:

Volunteers looking for back to school savings on slightly used clothing, the opportunity to save money and shop early are being labeled as "misclassified employees". The DOL's take on these  workers is  that they are not volunteers but employees of this consignment shop.

 

I think it's a great concept, a wonderful program for needy families and it  works for this community. Perhaps the DOL should turn its attention to those who really want/ need the help. Clearly these volunteers do not see themselves as anything more than bargain hunters!

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Compliance: Making sense of the myriad tests for independent contractor v. employment status

Compliance: Making sense of the myriad tests for independent contractor v. employment status | Compliance Central | Scoop.it
How can one navigate the complex labyrinth of tests for contractor v. employee? Is there a single idea that runs through all of them? The answer, fortunately is yes.
ComplianceDiva's insight:

Did you know?

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New York State Signs Agreements with U.S. Department of Labor to Partner in Preventing Independent Contractor Misclassification; 15th State to Join Federal Misclassification Initiative

New York State Signs Agreements with U.S. Department of Labor to Partner in Preventing Independent Contractor Misclassification; 15th State to Join Federal Misclassification Initiative | Compliance Central | Scoop.it
Earlier today, November 18, 2013, the Wage and Hour Division of the U.S. Department of Labor entered into a Partnership Agreement with the Labor Bureau of the New York State Office of Attorney Gene...
ComplianceDiva's insight:

New York is the 15th State to join forces with the US Department of Labor since September 2011 in effort to fight worker misclassification.  November 18, 2013, the Wage and Hour Division of the U.S. Department of Labor entered into a Partnership Agreement with the Labor Bureau of the New York State Office of Attorney General. For small business owners greater sharing of information between government agencies will mean an even more expensive headache for those who misclassify employees. Business owners found guilty of worker misclassification are on the hook to pay the employers share of back taxes as well as the misclassified employees share, interest, fines and penalties.

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Preview into the 2013 Version of the Payroll Fraud Prevention Act: Yet Another Congressional Effort to Crack Down on Independent Contractor Misclassification

Preview into the 2013 Version of the Payroll Fraud Prevention Act: Yet Another Congressional Effort to Crack Down on Independent Contractor Misclassification | Compliance Central | Scoop.it
Yesterday, November 12, 2013, Senator Bob Casey (D-PA) convened a hearing of the Senate Subcommittee on Employment and Workplace Safety. Senator Casey mentioned at the outset of the hearing that “i...
ComplianceDiva's insight:

An in-depth review of the topic introduced yesterday on LinkedIn.

 

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Payroll service providers may not treat workers as employees and use statutory caps to reduce FICA, FUTA liability - 11/01/13

Payroll service providers may not treat workers as employees and use statutory caps to reduce FICA, FUTA liability - 11/01/13 | Compliance Central | Scoop.it
ComplianceDiva's insight:

Interestng article...this is a switch.Individuals classified as employees were actually independent contractors. Employer denied tax credit for FICA and Futa withholdings for these individuals.

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Jersey City Passes Paid Sick Leave Law - Employment and HR - United States

Jersey City Passes Paid Sick Leave Law - Employment and HR - United States | Compliance Central | Scoop.it
23 Oct 2013 - United States - Employment and HR - Jersey City Passes Paid Sick Leave Law - Drinker Biddle & Reath LLP - Following the lead of its neighbor across the Hudson River], New Jersey’s second most populated city, Jersey City, has passed an...
ComplianceDiva's insight:

NJ jumps on the Paid Sick Leave Law bandwagon joining San Francisco, Connecticut,  Portland, Oregon, Washington, D.C., and New York City.

States that passed a different piece of legislation Kansas, Tennessee, Mississippi, Louisiana and Arizona have approved laws banning local sick leave ordinances. Florida's governor has signed a law that says cities and counties cannot make businesses offer paid sick leave. Among the companies that had lobbied for the Florida law are Walt Disney and Darden Restaurants, which operates Olive Garden and Red Lobster.

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Employee or Independent Contractor? - Oregon Appeals Court Weighs In

Employee or Independent Contractor? - Oregon Appeals Court Weighs In | Compliance Central | Scoop.it
Last week the Oregon Court of Appeals ruled on another case addressing the employee vs. independent contractor designation - Portland Columbia Symphony v. Employment Dept. The court found that the ...
ComplianceDiva's insight:

Great news from the front lines of the war on Independent Contractors. Ruling that the musicians in this case are properly classified as IC's...music to my ears!

 

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Lexmark to pay out millions in vacation ruling

Lexmark to pay out millions in vacation ruling | Compliance Central | Scoop.it
The settlement is the result of a vacation policy that Lexmark implemented in the 90s that required employees to forfeit all vacation and personal days if they were not used by the end of each year.
ComplianceDiva's insight:

All employers: when was the last time you read your company vacation policy? Are you in compliance with CA Law....

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'Free agent' is new face of workforce

'Free agent' is new face of workforce | Compliance Central | Scoop.it
Fifty-something and unemployed, Mike McCarron decided that the best ­­way forward was to work for himself
ComplianceDiva's insight:

The entrepreneurial spirit is stronger than ever! The number of new entrepreneurs making the shift from a full time employee to an IC continues to grow at a pace that far exceeds the traditional 9-5 employee. This is a great article for anyone thinking about starting a business or looking to make lemonade out of lemons. Not a walk in the park by any means but a real story about real people with the spirit and determination it takes to succeed as a freelancer.

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Affordable Care Act Amplifies Risk of Misclassifying Employees - Arkansas Business Online

Affordable Care Act Amplifies Risk of Misclassifying Employees - Arkansas Business Online | Compliance Central | Scoop.it
Affordable Care Act Amplifies Risk of Misclassifying Employees Arkansas Business Online If employers misclassify their employees — as independent contractors, for example — they could find themselves not only facing sanctions under wage and hour...
ComplianceDiva's insight:

Employment Relationship and the Fair Labor Standards Act

The Wage & Hour Division of the U.S. Department of Labor has provided a fact sheet on the meaning of the “employment relationship.” It says:

The U.S. Supreme Court has on a number of occasions indicated that there is no single rule or test for determining whether an individual is an independent contractor or an employee for purposes of the FLSA. The Court has held that it is the total activity or situation which controls.

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Directory assistance giant settles wage suit for $1.3M — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and S...

Kgb USA will pay $1.3 million to 14,568 workers across the country it misclassified as independent contractors. The company paid the ­workers piece rate for each text message they responded to, regardless of how many hours they worked.
ComplianceDiva's insight:

Independent provider of directory assistance services hired directory assistance workers as independent contractors...ridiculous

 

 

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Another Reason to Fear the IRS: Misclassification Crackdowns - Businessweek

Another Reason to Fear the IRS: Misclassification Crackdowns - Businessweek | Compliance Central | Scoop.it
Another Reason to Fear the IRS: Misclassification Crackdowns
Businessweek
Worker misclassification is a complex issue.
ComplianceDiva's insight:

Interesting survey of small business owners (PDF)...fear of clients and peers finding out they cheat on their taxes a driver for compliance!

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Affordable Care Act Brings New Risks to Healthcare IT Departments - The Sacramento Bee

Affordable Care Act Brings New Risks to Healthcare IT Departments - The Sacramento Bee | Compliance Central | Scoop.it
/PRNewswire/ -- The Affordable Care Act, or Obamacare, is bringing major changes to the healthcare industry, such as electronic health records, the transition to ICD-10 coding standards and outcome-based healthcare.
ComplianceDiva's insight:

An increase in demand for IT talent is good news for many organizations but the writer brings up some very valid points often overlooked when engaging an IC in the IT sector. Medical providers from large medical institutions such as Kaiser Permanente to individual practitioners are now scrambling for top IT talent to help bring them into compliance with the ICD 10 code upgrade deadline of October 1, 2014 and the drive to be able to remain competitive with availability of the EHR. Added to the growing list of to do's and the increased level of pressure is the AFCA.

IT talent comes at a premium in both pay rates as well as risk avoidance. Now more than ever before the proper vetting of an IC's credentials is crucial!

                                                                                                                                                 

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