Worker Classification

I HAVE NO EMPLOYEES – DO I NEED WORKERS’ COMPENSATION AND DISABILITY BENEFITS INSURANCE?

Under New York State law, a for-profit business is exempt from obtaining and maintaining a workers’ compensation insurance policy if one of the following applies: The business is owned by one individual with no employees, no leased employees, no borrowed employees, no part-time employees, no unpaid volunteers (including family members) and no subcontractors, and is …

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THE NEW YORK STATE CONSTRUCTION INDUSTRY FAIR PLAY ACT

          The New York State Construction Industry Fair Play Act (CIFPA) was signed by Governor Paterson in late August and became effective on October 26, 2010. Under this new law, a construction worker is presumed to be an employee, as opposed to an independent contractor, unless they meet the following three criteria:                (1) the …

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INDEPENDENT CONTRACTORS ABLE TO SUE FOR RACE DISCRIMINATION?

            In 1975, the United States Supreme Court held that Section 1981 applies to employment contracts.  In 1991, the statute was extended to track Title VII’s prohibition of discrimination in the terms and conditions of employment.  As a result, Section 1981 now covers all aspects of the employment relationship, including its creation and termination.  It …

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INDEPENDENT CONTRACTOR V. EMPLOYEE

           Whether to classify a worker as an independent contractor or an employee is a critical decision, one which affects many different aspects of the company-worker relationship.  For example, an employee can sue an employer for unlawful workplace discrimination under federal anti-discrimination statutes, but an independent contractor may not.  In addition, an employee may be …

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