Download or read book The Problem of Misclassification Or How to Define Who is an Employee Under Protective Legislation in the Information Age written by Kenneth Glenn Dau-Schmidt and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of determining who is an “employee” under various protective statutes is foundational to the practice of labor and employment law. Any failures of individual bargaining in the employment relationship can only be remedied through collective bargaining or worker protective legislation, both of which require determining which workers are “employees” covered by the statutory system of collective bargaining or eligible for the benefits of the protective legislation. Because the statutory definitions of who is a covered employee are commonly very general and self-referential, the courts have adopted a series of legal tests to provide structure for arguments as to which employees are covered. The tests include the “rightto-control test,” the “economic realities test,” hybrid tests, and more recently, at legislative direction, the “ABC test.” The classification of some workers as covered “employees” and others as non-covered workers, most often “independent contractors,” has been an important issue in labor and employment law for as long as there has been protective legislation only covering “employees”. Employers have incentive to misclassify their workers as independent contractors, in an effort to avoid the costs of the protective legislation, or to formulate their business in a way that enables them to use independent contractors rather than employees to minimize regulatory costs. This last strategy is known in the academic literature as “regulatory arbitrage” because the employer constructs his or her business model so as to end up in a cheaper regulatory regime. The problems of misclassification and regulatory arbitrage to avoid protective legislation have intensified as information technology has allowed increased subcontracting and the development of business models in the sharing economy that pose serious puzzles under the traditional tests of the employment relationship. In this chapter I present a brief overview of the “misclassification problem;” the problem of distinguishing covered employees from independent contractors in the information age. I begin with a general exposition of the problem, including an outline and discussion of the traditional tests of who is an employee under American labor and employment law. I then discuss the problem in light of the recent developments of the information age, the growth of subcontracting and outsourcing and the development of new business models utilizing internet platforms that allow online matching of service consumers with workers for “work on demand,” and the performance of contracted work through “crowd-sourcing.” Finally, I discuss the various reforms that people have suggested to address the problem of determining when workers are covered by protective legislation in the information age so as to provide predictability and minimize the problems of misclassification and regulatory arbitrage. In particular, I discuss recent legislative developments and proposals to include “dependent contractors” and “independent workers” among covered workers. I also discuss my own proposal that we abandon outmoded legal definitions of who is an “employee” and who is an “independent contractor” and instead adopt two unifying principles for defining coverage under protective legislation: first, the avoidance of regulatory arbitrage so that decisions on the organization of production are made on the basis of real economic advantages rather than just on the basis of avoiding legislative responsibility; and second, the assignment of responsibility for the provision of benefits under protective legislation to the cheapest cost avoider so as to minimize the burden of fulfilling the promises of protective legislation.
Download or read book The Cambridge Handbook of U S Labor Law for the Twenty First Century written by Richard Bales and published by Cambridge University Press. This book was released on 2019-12-05 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.
Download or read book The Future of Unions and Worker Representation written by Anthony Forsyth and published by Bloomsbury Publishing. This book was released on 2022-01-13 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book charts the path to revitalisation for trade unions in Australia, the USA, the UK, and Italy. It examines the examples of innovation and digital campaigning that are enabling unions to build new forms of worker power – and overcome decades of declining membership wrought by neoliberalism, globalisation, and hostility from employers and the state. The study evaluates the responses of unions in each country to falling membership levels since the 1980s. It considers the US 'organising model' and its adoption in Australia and the UK, comparing this with the strategies of Italian unions which have been more deliberately focused on precarious and migrant workers. The increasing reliance of US unions on community alliances, as seen in the 'Fight for $15' and similar campaigns, is scrutinised along with new union prototypes like Hospo Voice in Australia, the Independent Workers' Union of Great Britain and SI Cobas in Italy. The book includes an in-depth analysis of union responses to the gig economy in the four countries, and the emergence of self-organised worker collectives to combat this exploitative business model. The vital role played by unions in defending the interests of workers during the COVID-19 pandemic is also examined. As well as highlighting the most successful union initiatives to meet the challenges of the past 30 years, the book assesses the strengths and deficiencies of the legal framework for union representation in the four nations. It identifies the labour law reforms needed to rebuild collectivism, but argues that more is needed than favourable laws. This cross-national study provides a rich basis for identifying the combination of reforms, strategies and linkages required to ensure that unions can remain relevant for a new generation of digitally-active workers.
Download or read book Employee Misclassification written by Andrew Sherrill and published by DIANE Publishing. This book was released on 2010 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: When employers improperly classify workers as independent contractors instead of employees, those workers do not receive protections and benefits to which they are entitled, and the employers may fail to pay some taxes they would otherwise be required to pay. The Department of Labor (DoL) and Internal Revenue Service (IRS) are to ensure that employers comply with several labor and tax laws related to worker classification. This report examines the extent of misclassification; actions DoL and IRS have taken to address misclassification, including the extent to which they collaborate with each other, states, and other agencies; and options that could help address misclassification. Charts and tables.
Download or read book Employee Misclassification written by Christopher Edwards and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employee misclassification refers to when an employer misidentifies a worker as an independent contractor instead of an employee. This distinction is important because employees, and not independent contractors, have protections under state and federal employment laws, including minimum wage and overtime pay protections, as well as unemployment and workers’ compensation coverage. In turn, an employer that misclassifies a worker as an independent contractor does not pay employment-related taxes or pay other costs for that worker, thus lowering the employer’s costs. An employer that misclassifies a worker may be subject to state or federal civil or criminal penalties. Different tests are used to determine a worker’s employment status depending on the law at issue. While the tests vary, generally the determination is based on how much direction or control an employer has over the worker performing the services. It is possible that a worker may be an employee under one law and an independent contractor under another law.
Download or read book Employment Classification Issues written by United States. Congress. House. Committee on Ways and Means. Subcommittee on Oversight and published by . This book was released on 1997 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Misclassification of Workers as Independent Contractors written by United States. Congress. House. Committee on Education and Labor. Subcommittee on Health, Employment, Labor, and Pensions and published by . This book was released on 2008 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Misclassification of Employees as Independent Contractors written by and published by . This book was released on 2007 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Labor Law written by Matthew W. Finkin and published by Edward Elgar Publishing. This book was released on 2015-07-31 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This bo
Download or read book Handy Reference Guide to the Fair Labor Standards Act Federal Wage hour Law written by United States. Wage and Hour and Public Contracts Divisions and published by . This book was released on 1963 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Fissured Workplace written by David Weil and published by Harvard University Press. This book was released on 2014-02-17 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the twentieth century, large companies employing many workers formed the bedrock of the U.S. economy. Today, on the list of big business's priorities, sustaining the employer-worker relationship ranks far below building a devoted customer base and delivering value to investors. As David Weil's groundbreaking analysis shows, large corporations have shed their role as direct employers of the people responsible for their products, in favor of outsourcing work to small companies that compete fiercely with one another. The result has been declining wages, eroding benefits, inadequate health and safety protections, and ever-widening income inequality. From the perspectives of CEOs and investors, fissuring--splitting off functions that were once managed internally--has been phenomenally successful. Despite giving up direct control to subcontractors and franchises, these large companies have figured out how to maintain the quality of brand-name products and services, without the cost of maintaining an expensive workforce. But from the perspective of workers, this strategy has meant stagnation in wages and benefits and a lower standard of living. Weil proposes ways to modernize regulatory policies so that employers can meet their obligations to workers while allowing companies to keep the beneficial aspects of this business strategy.
Download or read book Misclassification and Antidiscrimination written by Charlotte Alexander and published by . This book was released on 2017 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article investigates misclassification and antidiscrimination. Misclassification is employers' practice of classifying workers as independent contractors whom the law would categorize as employees. Misclassified workers are exempt from most federal antidiscrimination statutes, unless they file a discrimination lawsuit and seek reclassification by the court for purposes of the litigation. Thus, employers may use their power to classify to write workers out of the law, and workers who cannot win a misclassification challenge cannot gain access to antidiscrimination rights. Little is known about which workers are misclassified, however, or about the outcomes of misclassification challenges in court. Drawing on existing and newly collected data, including ten years of misclassification decisions in cases brought under Title VII of the Civil Rights Act of 1964,this article shows that women and people of color are overrepresented in the occupations at highest risk for misclassification. The article also raises questions about courts' role in checking employers' power to classify, as many of the workers who are most at risk for misclassification and discrimination do not appear to be filing suit, and many courts' handling of misclassification challenges is deeply flawed.
Download or read book East Asian Labor and Employment Law written by Ronald C. Brown and published by Cambridge University Press. This book was released on 2012-03-05 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with international labor and employment law in the East Asia Region (EA), particularly dealing with China, South Korea and Japan. It explores and explains the effects of globalization and discusses the role played by international labor law as it affects lawyers, business, labor, labor unions and human resource management, and the labor issues that can arise in dealing in EA trade and investment. The text, and the readings (from area experts), are organized and written to provide the reader with, first, a broad understanding and insight into the global dimensions of the fast-emerging area of labor and employment issues (e.g., global legal standards and their interplay with domestic and foreign laws); and second, to show how these laws and approaches play out in specific EA countries (comparing global approaches with the specific laws of each country on four common agenda items: regulatory administration, workers' rights, trade unions and dispute resolution).
Download or read book Employee Misclassification written by and published by . This book was released on 2009 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Domestic Service Employees written by United States. Employment Standards Administration and published by . This book was released on 1979 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Present Law and Issues Relating to Misclassification of Employees and Independent Contractors for Federal Tax Purposes written by and published by . This book was released on 1992 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Misclassification of Workers written by Peter M. Harrison and published by . This book was released on 2016 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt:
