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13 Apr 2018 UPDATE: Does Misclassifying Employees As Independent Contractors Violate Labor Law?

  Whether it be the Internal Revenue Service (IRS), the Department of Labor (DOL), or state unemployment or workers’ compensation agencies, employee versus independent contractor status always is a hot issue. Missteps by employers in this area can result in back taxes, penalties, and more. The question has been looming, however, whether the National Labor Relations Board (NLRB) also would be throwing itself into the misclassification analysis fray with other agencies. Specifically, the board previously…

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19 Feb 2018 Does Misclassifying Employees As Independent Contractors Violate Labor Law?

  Whether it be the Internal Revenue Service (IRS), the Department of Labor (DOL), or state unemployment or workers’ compensation agencies, employee versus independent contractor status always is a hot issue. Missteps by employers in this area can result in back taxes, penalties, and more. The question has been looming, however, whether the National Labor Relations Board (NLRB) also would be throwing itself into the misclassification analysis fray with other agencies. Specifically, the board previously…

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10 Jan 2018 Dirty Money: Report Shows Union Corruption Still Widespread

  Unfortunately, union corruption continues across the country. According to a recent report by the Detroit Free Press, “U.S. Department of Labor documents obtained by the Free Press show embezzlement from hundreds of union offices nationwide over the past decade. In just the past two years, more than 300 union locations have discovered theft, often resulting in more than one person charged in each instance, the records show. Two UAW incidents uncovered in 2017, one…

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10 Jul 2017 Department of Labor Aims to Rescind ‘Persuader Rule’; Comments Due Aug. 11

  Last month, the U.S. Department of Labor (DOL) submitted a notice of proposed rulemaking intended to rescind what is known as the “persuader rule.” We previously reported that the persuader rule, which was first published in 2016 during the Obama administration, was controversial and had been tied up in litigation for months; at the end of 2016, a federal court stopped it from being enacted. The rule would have required employers to publicly disclose…

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07 Jun 2017 Whose Law is it Anyway? NLRB Region’s Complaint Seeking to Have Contractors Converted to Employees Throws Agency into the Misclassification Fray with the IRS and DOL

  Misclassification of employees as independent contractors is a huge area of concern for many companies, as a misclassification finding can result in big fines, penalties, and/or back wages and taxes. And those negative outcomes can be imposed by any one of several agencies – from the Internal Revenue Service (IRS) to the Department of Labor (DOL) to state unemployment agencies. The National Labor Relations Board (NLRB) may now be jumping into the misclassification fray….

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24 May 2017 It Could Be. It Might Be. IT IS! DOL’s Persuader Rule To Be GONE!

  Media outlets are reporting that the Department of Labor (DOL) officially is moving to drop its “persuader rule” that would have imposed significant reporting requirements on companies and consultants related to union-avoidance efforts.   On May 22, the DOL formally proposed to revoke the controversial rule. The rule has been tied up in litigation for months, and a challenge currently is pending in the Fifth Circuit Court of Appeals. The DOL’s move to rescind the…

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