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Who Is My Employee?

Exploring Independent Contractor Misclassification & Joint Employment Issues

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Todd Lebowitz

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Baker Hostetler LLP
127 Public Square, Suite 2000
Cleveland, Ohio 44114
tlebowitz@bakerlaw.com
www.bakerlaw.com/toddhlebowitz

Please contact me with any questions.

Register for 2019 Master Class

For more information on joint employment, gig economy issues, and other labor and employment developments to watch in 2019, join me in Orlando on Jan. 24, Philadelphia on Feb. 26, or Chicago on Mar. 21 for the 2019 BakerHostetler Master Class on Labor Relations and Employment Law: Meeting Today’s Challenges. Advance registration is required. Please email me if you plan to attend, tlebowitz@bakerlaw.com. If you list my name in your RSVP, I will have your registration fee waived.


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Recent Posts

  • Don’t be a Hirtle: Here’s Why You Should Avoid “Works Made for Hire” Clauses in Independent Contractor Agreements
  • Arbitration Agreements & Staffing Company Workers: Can They Take You Anywhere You Want to Go?
  • “So Tired of Being Alone”? Blogger Managers at SB Nation Claim Independent Contractor Misclassification
  • We’ve Got Baby Steps Toward a New Definition of Joint Employment Under the FLSA.
  • Which States Are Trying to Kill “Independent Contractors” to Death? (Hint: One Rhymes with Schmalifornia)
  • Has Ontario Gone Loony? Court Rejects Independent Contractor Arbitration Agreement
  • Joint Employment Update: Ohio Law Throws Franchisors a Bone, But It’s Not Entirely Delicious
  • “Flooding” Tactic Creates New Risk for Using Mandatory Arbitration Agreements with Independent Contractors
  • Should the Economic Realities Test be Changed for the Gig Economy? One Court Thinks So (But How Would That Affect Jon and Ponch?)
  • Are Independent Contractor Drivers Entitled to a Minimum Wage? NYC Changes the Rules.
  • Can You Be at Fault if Your Subcontractor Performs Shoddy Installation Work? Ask a North Dakotan.
  • Strippers Say They’re Losing Their Shirts Due to Misclassification Wins
  • Do Pre-Employment Laws Apply When Running Background Checks on Independent Contractors? (Tip: Instead, Just Ask Edward)
  • What is the Test for Independent Contractor vs. Employee? (Jan. 2019)
  • NLRB Changes Independent Contractor Test (Again). Ch-Ch-Ch-Changes!
  • Supreme Court Ruling May Stop Enforcement of Some Contractors’ Arbitration Agreements
  • Fecal Matter Meets Electrical Wind Machine: NLRB Scrambles to Re-Evaluate Joint Employment
  • After Supreme Court Ruling, Be Sure Your Arbitration Agreements Contain These Two Essential Clauses!
  • Five Easy New Years’ Resolutions for Companies That Use Independent Contractors
  • Join Me at Baker Hostetler’s 2019 Master Class on Employment Law (Three Locations)

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Todd’s Posts on Other Blogs

NLRB Makes Up New Rules on Joint Employment (7/17/16)

Labor Department Announces Plans to Find Joint Employment - In All Directions (1/26/16)

NLRB Blows Up Staffing Agency Model, Rewrites Joint Employment Test (8/30/15)

DOL Memo Provides Script for FLSA Collective Actions Alleging Independent Contractor Misclassification (7/16/15)

Unpaid Internships Given New Life by the Second Circuit (7/6/15)

FedEx to Pay $228 Million in Independent Contractor Misclassification Settlement (6/16/15)

Latest Scoop from New Jersey on Independent Contractor Misclassification May Cause Employers Brain Freeze (1/20/15)

New California Law Imposes Joint Liability on Businesses and Contract Vendors for Wage Violations and Workers Compensation Coverage (11/10/14)

Conservative Kansas Joins the Liberal Ninth Circuit in Rejecting the Independent Contractor Classification of Delivery Drivers (10/16/14)

NLRB Adopts New Test for Independent Contractor Misclassification, Applies It to Find FedEx Drivers Are Employees Who Can Unionize (10/10/14)

Ninth Circuit Reverse District Court, Rules FedEx Drivers in California and Oregon Are Employees (9/2/14)

Joint Employment Finding Leads to Unexpected $3 Million Liability in Hospital Malpractice Case (7/25/14)

Ninth Circuit Shows No Affinity for Independent Contractor Status in Delivery Drivers (6/18/14)

Illinois Supreme Court Upholds One of the Nation's Strictest Worker Misclassification Laws; Employers May Face Millions of Dollars in Penalties (3/2/14)

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