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Employee versus contractor classification is a significant issue because it can have major economic consequences for workers and employers. There are also two "core factors" that are considered: the nature and degree of the worker's control over the work, and the worker's opportunity for profit or loss based on initiative and/or investment. Additionally, there are three other factors that may be considered as guideposts in the analysis: the amount of skill required for the work, the degree of permanence of the working relationship between the worker and the potential employer, and whether the work is part of an integrated unit of production. Misclassification of employees as independent contractors can result in liability under the FLSA for unpaid minimum wage and/or overtime compensation.
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In this issue:In January 2022, the US Supreme Court ruled that OSHA was not authorized by Congress to issue a vaccination mandate; however, a separate vaccination requirement for about 10 million health care workers could still proceed. The federal mandate for most federal workers remain in place, while the mandate for federal contractors, which would apply to approximately a quarter of the US workforce, is pending in several court appeals. In response to the ruling, President Biden has urged private businesses to require vaccinations. While many employers already impose vaccination requirements, some employers have decided not to mandate vaccination. Various state and local laws may require vaccine mandates or prohibit vaccine mandates. Dozens of lawsuits have been filed against vaccine mandates from private employers. Regular COVID-19 testing could potentially be an accommodation option for employees whose religious beliefs or disabilities prevent them from being vaccinated.
Download the Newsletter as a PDFCheck out the latest legal developments affecting employers with this informative newsletter issue. Stay informed and avoid legal missteps by subscribing to this essential newsletter here.
In this issue:The COVID vaccination mandates include three separate regulations that deal with employers of 100 or more employees, federal contractors and certain subcontractors, and healthcare. Despite the controversy, the federal contractor rule, which requires all covered contractor employees to be fully vaccinated beginning on January 4, 2022, has not been stayed by any court. The OSHA ETS, which would have required all covered employers to provide paid time off for their employees to get vaccinated, has been stayed. Moreover, there is a pending lawsuit against the OSHA ETS and the federal contractor rule, as well as litigation concerning the healthcare rule. Therefore, employers are encouraged to plan and take precautions regarding their ultimate responsibilities.
Download the Newsletter as a PDFCheck out the latest legal developments affecting employers with this informative newsletter issue. Stay informed and avoid legal missteps by subscribing to this essential newsletter here.
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