Entries Tagged as 'Independent contractor'

Wednesday, March 5th, 2008

Clinton and Employment Law

We earlier mentioned Sen. Obama’s primary employee rights bill - the Independent Contractor Proper Classification Act of 2007.  It has not been enacted.
Sen. Clinton’s claim on employment law is the Employee Free Choice Act of 2007.  The bill would eliminate NLRB elections where a majority of the barganing unit had signed cards for a union and […]

Monday, February 25th, 2008

Obama and Employment Law

Sen. Obama introduced S. 2044, the Independent Contractor Proper Classification Act of 2007, in September of 2007.  Co-sponsors are Boxer, Clinton, Durbin, Kennedy, Mikulski, and Murray. 
S. 2044 would
       *  eliminate the statutory ban on IRS issuing regulations or revenue rulings on employee/independent contractor status;
       *  eliminate the employer defense of reliance on industry practice;
       *  […]

Monday, January 14th, 2008

9th Cir: Directors of Non-Profit Group Are Not ADA or ADEA Employees

Sierra Nevada Community Access Television, Inc. broadcasts film produced by members of the public (including “aspiring Wayne Campbells”).  It is governed by an unpaid, volunteer Board of Directors.  When the Board fired its Executive Director, he sued under the Americans with Disabilities Act and the Age Discrimination in Employment Act.  The ED claimed that the […]

Wednesday, January 9th, 2008

9th Cir: Taxi Cab Drivers - Employees or Independent Contractors?

Non-compete provisions undercut employer argument
An Oakland, California, taxicab company refused to bargain with the union representing its drivers, claiming that they were independent contractors rather than employees. The NLRB found that the drivers were statutory employees and held that the company violated the NLRA by refusing to bargain with the drivers’ union. On appeal, the 9th […]

Monday, December 24th, 2007

Update on FedEx Ground Classification Dispute: Independent Contractor or Employee?

Annual tax bill could be over $300 million 
We recently reported on the FedEx Ground litigation in Anchorage federal court.  There, the driver of an “independent contractor” for FEG claimed that he had a “joint employent” relationship with FEG.   Judge Burgess denied FEG’s summary judgment motion on the classification issue.
Saturday’s Wall Street Journal (12/22/07, A-4) now […]

Tuesday, December 4th, 2007

Blackwater Guards: Independent Contractors or Employees?

Yesterday’s Wall Street Journal (12/03/07, A-14) carried an article about the tax status of the security guards employed by Blackwater Worldwide in Iraq.  Blackwater classifies the guards as independent contractors, arguing, according to the WSJ,  that they “like the ability to come and go between assignments, which [the IC status] makes easier.”  Chairman Henry Waxman (D-Cal) […]

Friday, October 5th, 2007

Independent Contractor v. Employee

Employers are sometimes tempted to characterize employees as “independent contractors,” hoping thereby to avoid certain tax obligations.  Several years ago, Microsoft came out on the losing end when its “ICs” successfully sued to recover pension benefits.  Vizcaino v. Microsoft Corp., 120 F.3d 1006 (9th Cir. 1997)(en banc).   More recently, FedEx “ICs” in California have recovered work-related expenses under […]