Workers Classification – Employees or Independent Contractors
Independent Contractor or Employee?
As a business owner or an employer, when you hire a new worker, you will be reintroduced to the question – should you classify the worker as an employee or an independent contractor? In order to make this huge business decision, you need to fully understand the difference between an employee and an independent contractor and the importance of classifying them correctly.
Generally speaking, illegal immigrants have the same protections under labor laws as American citizens, with some minor exceptions.
Minimum Wage Laws: addition to federal laws, each state has its own minimum wage requirements; where federal and state laws differ, the higher wage applies. Minimum wage laws apply to all workers the same, regardless of immigration status. Minimum wages in the U.S. are primarily set forth by the federal government, under the Fair Labor Standards Act (“FLSA”). But virtually every state has its own minimum wage law as well. Though the federal law trumps the state law, if state law mandates greater benefits, the employer must pay the higher rate.
Importantly, the FLSA makes no exception for illegal immigrants. They’re therefore entitled the same benefits as American citizens. Currently, the FLSA minimum wage is $7.25 per hour for non-exempt employees, and the New York minimum is the same. The minimum under Illinois law is $8.25.
In case you missed it, on June 21 the Supreme Court of the United States passed a judgment that states were now allowed to impose taxes on online sales. This overrules its previous decision to rule out tax collection on stores that did not have a physical presence in that state.
So what does this law means and how is this going to look for your online business?
Before we go further into the South Dakota vs. Wayfair Inc. ruling, it is important to be familiar with how sales tax on online purchases used to work until now. The previous verdict from 1992, also known as Quill Corp. vs. North Dakota ruling, set forth that online retail merchants only had to impose taxes on their online sales in states where they had a physical presence or a “nexus.” This means that the customers were required to pay the tax on the purchase to their home state directly.
The recent deaths of a motorist and a pedestrian in separate incidents in California and Arizona, respectively, both of which are under National Transportation Safety Board investigation, raise the question of whether autonomous driving technology has become safe enough for day-to-day roadway use.
A man from Peninsula, California, died when his Tesla Model X, which data from the vehicle log showed was in autopilot mode at the time, crashed into a concrete barrier on Highway 101 in nearby Mountain View.
Other Tesla drivers reported similar experiences near this same reeway barrier and others, corroborating accounts of the overall unreliability of the autopilot system near such dividers. At least one Tesla owner who drove near the barrier in question posted several videos showing autopilot steering to the left—straight toward the divider.
Cryptocurrencies like Bitcoin have been spreading like cyber-kudzu during the past couple of years in certain corners of the online investing world. More cautious investors still might be hanging back to make sure they’re not a crypto-bubble. And now all investors have a reason to hesitate: a series of legal and regulatory investigations that call into question their stability as investments.
Among the recent developments that could give would-be investors pause:
Will the #MeToo era herald a new day in court for women who file gender discrimination or sexual harassment lawsuits against prominent people or institutions?
The 2017 deposition of a former vice president of investment banking for a major Australian bank operating in 34 countries including the U.S., illustrates what women can face. The woman, who worked in the bank’s New York office for two years, was one of two women in her department and one of four black people in the 100-person office. She sued for race and sex discrimination in federal court in 2016, two years after being let go. Her lawsuit alleges that her male colleagues constantly commented about the size of women’s breasts and their own physical assets in addition to asking the woman about her sex life. The woman also alleges that a former manager called her a “monkey” on numerous occasions.
Pot in the Workplace?
Illinois legalized the use of marijuana for more than three-dozen medical conditions starting in 2016, and by the end of 2017, nearly 35,000 people had applied for the program. Earlier this month, the legislature voted to allow the use of marijuana in lieu of prescription painkillers, to help avoid opioid addiction, which Governor Bruce Rauner is considering whether to sign.
And if Democratic candidate J.B. Pritzker defeats Rauner in this November’s elections, he has taken the position that he wants to legalize marijuana use in the state for recreational purposes, for the tax revenue it will bring into the state and the law enforcement and prison resources it will save. So where does this leave employers who still want to regulate its use in the workplace?
Cryptocurrency has been a trending topic of discussion for the last several years. Cryptocurrencies such as Bitcoin and Ethereum have captured the public’s attention with their unstable, and highly fluctuating market values, as well as their promises for quick and easy rewards.
Currency in the Digital World
But what exactly are cryptocurrencies? And how secure are they as an investment? Questions such as these are precisely what Federal and State regulators, as well as Congress, are struggling to explore and answer.
By Misty J. Cygan, Attorney at Law
Aileron is a trained emotional support dog.
Business owners and their customers are perfectly used to service dogs who assist people with disabilities in getting around and performing daily tasks.
The growth of online paid subscription services that start with either a free trial that converts to automatic payments, or an upfront payment that automatically renews, have led to lawsuits challenging the clarity of such services’ terms of agreement.
A recent settlement that could total close to $2.3 million between several California jurisdictions and eHarmony, Inc., underscores the fact that small businesses offering automatic renewal subscription plans must present clear terms to customers prior to signup, and then obtain clear consent and an opt-in from customers to incur these fees.
The district attorneys of four California counties and the City of Santa Monica collectively filed the suit against eHarmony for allegedly violating state consumer protection laws—the California Business and Professions Code, and the Restore Online Shoppers Confidence Act. The Superior Court for the State of California for the County of Santa Cruz entered final judgment on Jan. 8.
