On December 31, 2017, the North Carolina Employee Fair Classification Act (EFCA) took effect. The new law allows for heightened investigations into those employers that are allegedly misclassifying their workers …
Employee Misclassification
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Affordable Care ActEmployee Misclassification
GrubHub Trial Could Set Precedent for Employee Misclassification Lawsuits
by Robert Sheenby Robert SheenGrubHub is on trial for a case of employee misclassification involving its drivers. The drivers allege they were misclassified by the on-demand food delivery app as independent contractors and not …
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Affordable Care ActEmployee Misclassification
New Developments Continue to Dog Uber About Worker Misclassification
by Robert Sheenby Robert SheenIn the United States alone, Uber has over 600,000 drivers, some of whom over the course of the last two years have been entangled in numerous lawsuits surrounding their rights …
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ACA ComplianceEmployee Misclassification
New Developments In Uber Misclassification Suits Prove The Complexities of Potential ACA Liability
by Robert Sheenby Robert SheenAt the close of June, a shocking new development arose from Uber’s employee misclassification suits. The drivers who asserted they were actual Uber employees and not independent contractors had their …
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Employee MisclassificationIRS
IRS Tax Documents Assist Decision In Classification Case
by Robert Sheenby Robert SheenWith misclassification suits becoming more and more frequent, the latest case suggests that tax returns might be subject to mandatory disclosure in resolving classification issues. In a recent case, Mescalero …
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Affordable Care ActEmployee Misclassification
Misclassification of Employees Can Lead to Big Penalties Under the ACA
by Robert Sheenby Robert SheenThe Employer Mandate under the Affordable Care Act subjects Applicable Large Employers (ALEs) to penalties for failing to offer their full time employees healthcare coverage. Moreover, the ALE is subject …
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Affordable Care ActEmployee Misclassification
The Curious Case Of Chipotle
by Robert Sheenby Robert SheenOver the last several years—even prior to and following the passing of the Affordable Care Act (ACA)—fast food chains have struggled with classifying employees, the designation of which can trigger …
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Employee MisclassificationRegulations
NLRB Takes A Stand In The Ongoing Misclassification Battle
by Robert Sheenby Robert SheenEmployee Misclassification continues to be an issue, as more contract employment arises and information regarding health care, hours, wages, and tax liabilities are not being met by said contractors. At …