Monthly Archives: August 2015

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Improper Classification of Workers as Independent Contractors – the DOL issues new guidance on its Worker Misclassification initiative

The classification of workers as independent contractors rather than employees is considered a huge problem nationwide by the U.S. Department of Labor and other federal and state agencies. The DOL has recently issued new guidance on its ongoing worker “misclassification initiative” and its view that the standards of the federal Fair Labor Standards Act should [...]

By |August 11th, 2015|0 Comments

Can corporate directors and officers be held personally liable for unpaid wages?

There may be times when the buck does not stop at the legal entity, if employee wages, employment taxes and labor penalties are involved. In Reynolds v. Bement (2005), the California Supreme Court found corporate agents including directors and officers acting within the scope of their agency were not personally liable for the companys failure [...]

By |August 3rd, 2015|0 Comments

Affiliated Businesses can be liable for missclasification in California, as Co-Employers or Joint Employers

In California, when workers claiming to have been misclassified as independent contractors seek redress from the California Labor Commission, they will most likely be deemed to be employees, and the de facto employer of those workers should have treated them as employees and now owes unpaid salary and penalties. Under California Labor Code Section 226.8 [...]

By |August 3rd, 2015|0 Comments