New York is now the latest state to ban all employers from asking about a job applicant’s salary and wage history. The law, which went into effect on January 6, 2020, expands the reach of anti-discrimination laws in New York state. At least 12 other states similarly ban such questions or otherwise regulate the
But We Tried to Do It Right! Stand-Alone Misclassification of Independent Contractor May Not Be a Violation
Recently, the National Labor Relations Board (NLRB) issued another pro-employer decision, resolving an issue at the forefront of employment law, independent contractor classification. In Velox Express, Inc. and Jeannie Edge, the NLRB determined that misclassification of an employee as an independent contractor alone does not violate the National Labor Relations Act (NLRA).
Background
Velox
Recent Developments in the Battle of Independent Contractors vs. Employees
We’ve posted on this topic several times before but the battle between independent contractors and employees continues.
Here’s a brief refresher on the basics of why proper classification of employees as independent contractors or employees matters:
- Employees (not independent contractors) are entitled to workers’ compensation and unemployment benefits.
- Employees (not independent contractors) have taxes withheld