Tag: contractors

EntertainHR: Knives Out: The Mystery of the Independent Contractor 

Many of you are likely familiar with the popular whodunnit movie franchise, Knives Out. The latest film in the series, Wake Up Dead Man: A Knives Out Mystery, released on November 26, 2025. It is a spectacular mystery filled with action and laughs. It also made me ponder one of the ever-present “mysteries” in the modern workplace, independent contractors.  The Knives […]

independent contractor

Test for Classifying Workers is Shifting Away From ‘Economic Reality’

In May 2025, the Trump administration’s U.S. Department of Labor (DOL) published guidance saying that it would stop enforcing a Biden-era rule—one that had rescinded a rule created during the first Trump administration—on the factors distinguishing independent contractors from employees. Although the Biden-era rule remains “on the books” for now while the DOL considers replacing […]

misclassification

Determining Independent Contractors: Sometimes the Government Loses

There’s been an ongoing battle between employers and the U.S. Department of Labor (DOL) over when someone is considered an independent contractor versus an employee. A recent decision from the U.S. 8th Circuit Court of Appeals to reverse summary judgment (dismissal without trial) in favor of the DOL gives employers some guidance and reason for […]

Hospital’s Right to Remove Doctor Insufficient to Show Employment Relationship

An African-American doctor’s race discrimination claims against a hospital failed because he couldn’t prove an employment relationship with the hospital. He had entered into a contract with a separate entity in which he agreed to provide medical services at the hospital. Under the hospital’s agreement with the other entity, it had the right to request […]

Can Employees and Independent Contractors Do the Same Work for the Company?

Hiring managers often look for the most economic or efficient way to bring new people on board. Sometimes this means hiring independent contractors, using recruiting firms, or hiring employees directly, and sometimes it means using a mix of these and other options. But what if a candidate specifically requests to be an independent contractor? Or, […]

biden

Workplace Issues a Biden Administration May Tackle, Stay Tuned

Today is the day that Joe Biden becomes our 46th president. As Biden is being sworn in, it’s beneficial to look ahead at what his administration’s employment law agenda might look like. Now that Democrats control all three levels of government, employers could be hit with many new laws and regulations in the years ahead.

Don’t Expect DOL to Let Up on Investigations in 2021

Aside from the personal and professional challenges 2020 presented (the COVID-19 pandemic, government shutdown orders, concerns about keeping employees safe, layoffs, remote working, homeschooling, and navigating the unknown), what stands out most to me in my practice—and had the biggest impact on my clients—was the U.S. Department of Labor’s (DOL) continued uncompromising pursuit of investigations […]