Topic: employee

Independent Contractor or Employee: Here’s How You Choose

From attorney David Gair at Looper Reed, here are five of his 20 criteria to help you decide if your newest hire should be an independent contractor or an employee: “1. Instructions: If the person for whom the services are performed has the right to require compliance with instructions, this indicates employee status. 2. Training:… Read more »

5 Tips for Navigating the Employee References Minefield

 True or false: When asked to give a reference for a terminated employee, you should provide only the person’s name, dates of employment and, if asked, salary level? True. Furnish just about any other information and – assuming it’s negative – the former employee could sue your company for, among other things, defamation. (Fisher &… Read more »

Revised Wage Deduction Rules for New York Employers: 5 Takeaways

It was a good week for employers in the state of New York, write Carolyn Richmond and Brynn Hollows (law firm Fox Rothschild): “With one signature on September 7, 2012, Gov. Andrew Cuomo has made the business community very happy by amending New York State labor law § 193 to expand [the] scope of permissible… Read more »

Wage Theft Prevention Act in New York and California: Effective January 1, 2012

On January 1, 2012, wage-theft legislation went into effect in both California and New York, two of the nation’s three most populous states. The new laws require employers to provide employees with a standard set of information regarding their employment conditions. For your reference, here’s a roundup of recent legal commentary and analysis on those… Read more »

Exempt or Non-Exempt Employee? 6 Questions to Help Employers Know the Difference

“As an employer, you may assume you know the difference between non-exempt employees who are entitled to overtime, and exempt employees who are not. For example, you may assume that an employee paid a salary and given certain supervisory authority is exempt. But this assumption is wrong. Misclassifying an employee as exempt when s/he is… Read more »

Employee or Contractor? 5 Ways to (Legally) Tell the Difference

Earlier this month, the Internal Revenue Service joined the Department of Labor and state agencies in cracking down on employers that misclassify employees as independent contractors, leaving business owners and hiring managers scrambling to reevaluate their contractor relationships and ensure that they are complying with the law. To help sort through the confusion, here are… Read more »