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When employers improperly classify workers as independent contractors instead of employees, those workers do not receive protections and benefits to which they are entitled, and the employers may fail to pay some taxes they would otherwise be required to pay. The Department of Labor (DoL) and Internal Revenue Service (IRS) are to ensure that employers comply with several labor and tax laws related to worker classification. This report examines the extent of misclassification; actions DoL and IRS have taken to address misclassification, including the extent to which they collaborate with each other, states, and other agencies; and options that could help address misclassification. Charts and tables.
Employee misclassification refers to when an employer misidentifies a worker as an independent contractor instead of an employee. This distinction is important because employees, and not independent contractors, have protections under state and federal employment laws, including minimum wage and overtime pay protections, as well as unemployment and workers’ compensation coverage. In turn, an employer that misclassifies a worker as an independent contractor does not pay employment-related taxes or pay other costs for that worker, thus lowering the employer’s costs. An employer that misclassifies a worker may be subject to state or federal civil or criminal penalties. Different tests are used to determine a worker’s employment status depending on the law at issue. While the tests vary, generally the determination is based on how much direction or control an employer has over the worker performing the services. It is possible that a worker may be an employee under one law and an independent contractor under another law.
Beginning with background perspective on the Fair Labor Standards Act--and ending with specific litigation issues & strategies--here is your one-source reference to the FLSA & its complex legal applications in today's workplace. A team of eminent specialists from the ABA Section of Labor & Employment Law's Federal Labor Standards Legislation Committee gives you insights & tactics including: . history & coverage of the FLSA . what constitutes a violation of the Act . exemptions to the law--including white-collar jobs & other statutory exemptions . how to determine compensable hours, minimum wage, & overtime compensation . special issues for federal & state workers . proper recordkeeping procedures . consequences for retaliation by employers . enforcement of the law--and remedies for violations . emerging & volatile topics including child labor, homework, hot goods violations, & much more . plus specific litigation strategies to meet nearly any challenge you may face in handling cases affected by the FLSA.
Every porn scene is a record of people at work. But on-camera labor is only the beginning of the story. Porn Work takes readers behind the scenes to explore what porn performers think of their work and how they intervene to hack it. Blending extensive fieldwork with feminist and antiwork theorizing, Porn Work details entrepreneurial labor on the boundaries between pleasure and tedium. Rejecting any notion that sex work is an aberration from straight work, it reveals porn workers' creative strategies as prophetic of a working landscape in crisis. In the end, it looks to what porn has to tell us about what's wrong with work, and what it might look like to build something better.
In the twentieth century, large companies employing many workers formed the bedrock of the U.S. economy. Today, on the list of big business's priorities, sustaining the employer-worker relationship ranks far below building a devoted customer base and delivering value to investors. As David Weil's groundbreaking analysis shows, large corporations have shed their role as direct employers of the people responsible for their products, in favor of outsourcing work to small companies that compete fiercely with one another. The result has been declining wages, eroding benefits, inadequate health and safety protections, and ever-widening income inequality. From the perspectives of CEOs and investors, fissuring--splitting off functions that were once managed internally--has been phenomenally successful. Despite giving up direct control to subcontractors and franchises, these large companies have figured out how to maintain the quality of brand-name products and services, without the cost of maintaining an expensive workforce. But from the perspective of workers, this strategy has meant stagnation in wages and benefits and a lower standard of living. Weil proposes ways to modernize regulatory policies so that employers can meet their obligations to workers while allowing companies to keep the beneficial aspects of this business strategy.