Archive for the ‘MISCLASSIFICATION’ Category

Apr
2013
25

NPR Picks Up Report on Texas’ Underground Construction Economy Where $4/Hour Is Commonplace

NPR Picks Up Report on Texas' Underground Construction Economy Where $4/Hour Is Commonplace
In Texas, construction is a $54 billion industry that employs one in every 13 workers. Though thriving on the surface, Texas construction workers face increasingly dangerous conditions and are frequently improperly paid. Of the more than one million construction workers in the state, nearly half are undocumented and employee misclassification is...
Apr
2013
17

Texas Continues Its Surprising Leadership Role on Bipartisan Employee Misclassification Reform

In Texas, testimony was heard on behalf of SB 676, a bipartisan bill that aims to crack down on employee misclassification in the Lone Star State. Filed by Republican State Senator John Carona, the bill is garnering support from business groups, labor groups, and concerned politicians alike. Testifying at the hearing were Rick Levy of ...
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Apr
2013
9

Nearly Half of Stop Work Orders Issued in CT Last Year Due to Misclassification Were for Out-of-State Contractors

As part of their ongoing battle with employee misclassification, the Connecticut Department of Labor’s Division of Wage and Workplace Standards has just issued stop work orders for 27 companies working at construction sites throughout the state. In the past year, the agency has investigated 108 construction projects and reviewed the records...
Apr
2013
8

Australia’s 4-Year Old Equivalent to OSHA is Racking Up Misclassified Worker Back Pay

Much like in the United States, Austrailia officials in the office of the Fair Work Ombudsman (FWO) are cracking down on employee misclassification. In the past financial year, the FWO recouped $17.4 million in back-pay for 5066 workers. Recently, workers have been awarded thousands in back pay for being classified as independent contractors by...
Mar
2013
19

Bills to Properly Classify Truck Drivers Moving Through NJ, KY, WA, OR, AK Statehouses

Bills to Properly Classify Truck Drivers Moving Through NJ, KY, WA, OR, AK Statehouses
Across the country, port drivers are misclassified as independent contractors so that their employers can avoid providing them proper benefits (among other injustices). But the widespread nature of this anti-worker practice may finally have found its positive result: it’s so widespread that it’s spurring legislative efforts to crack it...
Mar
2013
15

Six H-1B Visa Abusers Arrested for “Benching” of Workers to Artificially Lower Wages

Recent actions by Federal authorities in Texas — namely the arrest of six top officials of Dibon Solutions for conspiracy to commit H-1B visa fraud and wire fraud charges — shows an uptick in prosecution of guest worker program abusers. The Indian-born officials allegedly conspired to engage in fraudulent activity from Feb. 2008 to...
Feb
2013
28

Nevada Making Headway on New Misclassification Enforcement Laws but NFIB Wants to Halt Them

Nevada Making Headway on New Misclassification Enforcement Laws but NFIB Wants to Halt Them
In Nevada, Senate Bills 95 and 96 — aimed at combatting the ongoing problem of employee misclassification — are making their way through the legislative process with the next stop being the Committee on Commerce, Labor, and Energy. These bills are similar to those passed by the legislature in 2011 which were subsequently vetoed by ...
Feb
2013
21

New SPLC Report Outlines the Horrors, Potential Solutions for H-2A/H-2B Guest Worker Programs

New SPLC Report Outlines the Horrors, Potential Solutions for H-2A/H-2B Guest Worker Programs
Those who wish to expand the current system of bringing temporary workers to the United States via guest worker programs might want to heed the warnings of The Southern Poverty Law Center (SPLC) and their new report, “Close To Slavery.” The report documents the abuses experienced by workers in this flawed system, something former House...
Feb
2013
12

Rare “Reverse Misclassification” Case Features Employee Improperly Labeled as a Salaried Worker

Rare
A network administrator at Montrose Memorial Hospital in southwestern Colorado has filed a lawsuit claiming he was misclassified by his employer and is owed years of back wages. Currently in federal court, the suit alleges that the hospital routinely changed the classification of its employees in order to avoid paying them overtime rates: Jeffrey...
Feb
2013
2

REPORT: Majority of Texas Construction Workers Work More Than 40-Hour Weeks, 52% Live in Poverty

REPORT: Majority of Texas Construction Workers Work More Than 40-Hour Weeks, 52% Live in Poverty
New numbers reveal the harsh reality for Texas construction workers: a majority work over 40 hours each week yet 52 percent still live in poverty. The construction industry in Texas is said to be booming, especially when compared with the industry in other regions, but the uptick in projects and funding does not seem to ...
Feb
2013
2

DOL’s “Right to Know” Initiative Re-Emerges with Sharpened Teeth

DOL's
As the Department of Labor’s “Right to Know” initiative continues to move forward with hopes of helping end the practice of employee misclassification, a rule that would require employers to inform those classified as independent contractors about the legalities of such classification has re-emerged. It is estimated that employee...
Jan
2013
29

Iowa Becomes 14th State to Team With Dept. of Labor on Employee Misclassification Front

On January 17th, Iowa became the 14th state to join a nation-wide initiative being coordinated by the U.S. Department of Labor to combat misclassification. The signing of a memorandum of understanding between DOL’s Wage and Hour Division (WHD) and similar agencies at the state level will allow Iowa’s Wage and Hour Division to send a...