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Independent contractor

NLRB Restores the Long-Standing Test for Determining Independent Contractor Status


Posted on February 19, 2019 in HR Insights for Health Care

Published by: Hall Render

In SuperShuttle DFW Inc.¹, the National Labor Relations Board (“Board”) held that it would return to its longstanding and previously defined framework for determining whether a worker is classified as an employee or an independent contractor under the NLRA (“Act”). The issue in SuperShuttle was whether franchisees who operate shared-ride vans for SuperShuttle Dallas-Fort... READ MORE

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The NLRB’s War Against Independent Contractors Status Continues


Posted on September 30, 2015 in HR Insights for Health Care

Written by: Bruce M. Bagdady

The National Labor Relations Board (“NLRB”) continues its efforts to find employee status for individuals historically considered to be independent contractors. In Sisters’ Camelot, a decision issued on September 25, 2015, the Board reversed an administrative law judge’s finding that canvassers hired by a non-profit organization for fundraising purposes were independent contractors. What Were... READ MORE

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DOL Says “Most Workers Are Employees,” Not Independent Contractors


Posted on July 17, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

On July 15, 2015, the U. S. Department of Labor (“DOL”) issued a Wage and Hour Division Administrator’s Interpretation that reasserts the broad definition of employee such that employers will rarely find that the individuals who work for them can be classified as independent contractors. This interpretation, although not having the effect of law, does indicate... READ MORE

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Independent Contractor or Employee? IRS Gives Employers Something to Consider


Posted on April 30, 2013 in HR Insights for Health Care

Written by: Calvin R. Chambers

For the past several years, the Internal Revenue Service (“IRS”) has been devoting considerable attention to worker classification issues involving the misclassification of employees as independent contractors.  These misclassifications are important to the IRS and the federal government because they often lead to underreporting and underpayment of taxes.  Traditionally, the IRS has sought to... READ MORE

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When is a Physician a Hospital’s Employee? – Ask the Jury


Posted on May 11, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Normally a physician who is not actually “employed” by a hospital is not an employee who would be protected by anti-discrimination laws. But it’s not always that simple. In fact, it can be quite complicated and risky for a hospital if the relationship is not clearly established. If the relationship is not clear then... READ MORE

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