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McBrayer Blogs

Showing 2 posts in Worker Misclassification.

NLRB Gets Back in the Time Machine, Reverts to Previous Independent Contractor Test

It’s 2023: do you know who your employees are? If you think you do, think again: the National Labor Relations Board announced in a June 13th decision on the case The Atlanta Opera, Inc., that it is changing its test for determining which workers are independent contractors and which are covered employees, reverting once again to an Obama-era standard.  For employers, this means that the potential for running into issues with misclassification and unionization has increased significantly. More >

Is Your Independent Contractor Really An Employee?

Posted In Independent Contractors, Worker Misclassification

Employers may choose to classify workers as independent contractors rather than employees for several reasons. Some seek to avoid employment tax, workers compensation costs, and overtime wage rates. Some hope to steer clear of employment laws such as the Fair Labor Standards Act, Title VII of the Civil Rights Act, the Americans with Disabilities Act, or the Age Discrimination in Employment Act. Others simply look to independent contractors because they provide a more flexible and less permanent workforce than traditional employees. More >

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