About the author
Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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Tag Archives: Independent Contractors
Contractor Found Not To Be Employer Of Subcontractor
The U.S. District Court for the Eastern District of Virginia has issued an opinion on an employer’s motion for summary judgment in a discrimination case under the Americans with Disabilities Act (“ADA”). The decision is interesting because it involves the … Continue reading
Posted in Independent Contractors
Tagged ADA, Government Contractors, Independent Contractors
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California Penalties Of $72,000 Affirmed For Failure To Provide Adequate Pay Stubs
The California Court of Appeal, Sixth District, recently held that employers who intentionally issue defective wage statements, or who skip issuing them on purpose, will not qualify for the statutory leniency set out in California Labor Code section 226.3. In … Continue reading
Virginia Court of Appeals Finds Tattoo Artist To Be Independent Contractor
The Virginia Court of Appeals recently held in Creative Designs Tattooing Associates, Inc. v. Estate of Earle Lindsey Parrish, III that a tattoo artist was an independent contractor, and not an employee, in a suit claiming benefits under the Virginia Workers’ … Continue reading
Posted in Independent Contractors
Tagged Independent Contractors, Virginia, Workers Comp
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New Maryland Law On Independent Contractors
A new Maryland law (the Workplace Fraud Act of 2009 (HB 819) — a copy of the statute is here), set to take effect on October 1, 2009, was designed to prevent the misclassification of employees in the construction and landscaping … Continue reading
IRS Offers Tax Tips On Worker Classification
With an extremely consumer friendly title, the IRS has provided guidance this summer on the proper classification of employees vs independent contractors – IRS Summertime Tax Tip 2009-20. More after the break.
4th Circuit Issues Borrowed Servant Decision
In Ladd v. Research Triangle Inst., the Fourth Circuit addressed the borrowed servant doctrine under the Longshore and Harbor Workers’ Compensation Act (LHCWA). More after the break.
D.C. Circuit Reverses NLRB On FedEx Independent Contractors
In FedEx Home Delivery v. NLRB, the D.C. Circuit held that the correct standard for determining whether a worker is an independent contractor or an employee is the “entrepreneurial test” announced in a previous decision by the court. The court … Continue reading
Crackdown On Misuse Of Independent Contractor Classification
A recent newsletter we received suggests that the increasing financial pressure on state governments will cause heightened scrutiny of independent contractor classifications in the new year. More after the break.
Top Ten Issues In Employment Law For HR Professionals In Virginia in 2008: #1
We will be posting over the next week the top ten developments in employment law for HR professionals in Virginia in 2008. The list is in no particular order. Topic number 1 is: “Pay Your Taxes,” and Misclassification Of Employees … Continue reading
Joint Employers May Be Liable For FMLA Violations
The U.S. Court of Appeals for the Sixth Circuit recently issued a ruling with respect to the liability of joint employers under the FMLA. The case is Grace v. USCAR and the opinion can be found here. The case has … Continue reading
New Class Certification Decision In FedEx Ground Litigation
The U.S. District Court for the Northern District of Indiana, responsible for handling the multi-district FedEx Ground independent contractor litigation, has issued a 164-page opinion on class certification. The Class Action Defense Blog has a good summary as well as … Continue reading
FedEx Independent Contractor Update
The Florida Employment Law Letter reports that the IRS has tentatively concluded for 2002 that FedEx ground drivers were employees and not independent contractors. Click here for the article.
Stakes Rise In Worker Classification Dispute
The Alaska Employment Law Blog has a post today on a Wall Street Journal article about Blackwater’s independent contractor squabble with the House Oversight Committee. CNN also reports on Rep. Henry Waxman’s demand for information from Blackwater and his allegation that the … Continue reading
Labor Shortages In Our Future?
Kiplinger.com reports in More Companies Struggle to Find Workers (Nov. 14, 2007) that the shortage of workers will become acute in less than a decade. They advise employers to start planning now. CNNMoney.com reported at the beginning of the year … Continue reading
Posted in HR, Independent Contractors
Tagged HR, Independent Contractors, Labor shortage
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FedEx Class Action Certified
On October 15, 2007, the U.S. District Court for the Northern District of Indiana certified a class of pickup and delivery drivers as to claims that the plaintiffs were misclassified as “independent contractors” under the Kansas Wage Payment Act and … Continue reading
Posted in Class Actions, ERISA, Independent Contractors
Tagged Class Actions, ERISA, Independent Contractors, Overtime
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