News

NLRB: Businesses Liable for Leased/1099 Workers

October 28, 2015 | from AdminBerenson | No Comments »

In mid-September the National Labor Relations Board’s (NLRB) continued its efforts to expand worker rights and unionization abilities. In a highly controversial and potentially far-reaching decision, the NLRB voted to hold waste management company Browning-Ferris responsible for the treatment of the company’s third-party leased employees. Texas-based Browning-Ferris had hired Leadpoint Business Services out of Arizona [...]

Read More

New Jersey Begins to Kick Back on §3508 Sales Reps

December 6, 2013 | from AdminBerenson | No Comments »

New Jersey has long been considered a difficult state when a contractor is grappling with regulatory and enforcement issues. However, the state has long upheld the use of §3508. Clients may recall that §3508 of the Internal Revenue Code, followed in varying degrees by 30-35 states, allows a contractor to pay a sales representative without [...]

Read More

NY’s Construction Industry Fair Play Act — Not Just for 1099 Workers!

December 3, 2013 | from AdminBerenson | No Comments »

In drafting 1099-based independent contractor protocols and agreements for clients in New York, Berenson LLP’s attorneys continue to find a concerning misunderstanding in the industry as to how the New York State Construction Industry Fair Play Act (the “Act”) applies to contractors. Hopefully, many home improvement contractors now know that the Act creates an assumption [...]

Read More

Confused About the New Telemarketing Rules? You Should Be

November 26, 2013 | from AdminBerenson | No Comments »

Back in the spring, Berenson LLP advised its clients as to the impact of the upcoming amendment to the federal Telephone Consumer Protection Act or “TCPA”. The amendment went effective on October 16, 2013, but a huge amount of confusion and misinformation is still swirling around the changes. Why? Well, part of the fault lies [...]

Read More

EEOC Increases Lawsuits Against Companies for Use of Criminal-Background Screens

September 26, 2013 | from AdminBerenson | No Comments »

In June, the EEOC filed suit against both BWM and Dollar General Corp, alleging both companies used criminal background screens in a manner that discriminated against black applicants. The litigation increases the government’s push to regulate private employers’ use of background checks. The EEOC guidelines released last year “urge” employers to consider the crime, the [...]

Read More

FTC Fines Contractor $350,000 on Energy Claims

September 23, 2013 | from AdminBerenson | No Comments »

Edward Sumpolec, who conducted business under three separate names, was recently fined $350,000 by the Federal Trade Commission for allegedly making deceptive and unsubstantiated claims with regard to the insulation capabilities of the liquid coating and foil radiant barrier products that he sold. According to the FTC, Sumpolec had promised to reduce roof temperatures by [...]

Read More

Contractors May See Surprise Higher FUTA Costs

September 10, 2013 | from AdminBerenson | No Comments »

A number of states owe the federal government for loans from the federal jobless fund. Those loans become due in mid-November, and many states appear likely to default. If a state does not pay the loans back, the state’s credit against the Federal Unemployment Tax Act (“FUTA”) will be reduced. In plain English, this means [...]

Read More

D.C. Finalizes Its Anti-1099 Labor Law

September 4, 2013 | from AdminBerenson | No Comments »

The District of Columbia has joined the growing number of states in passing its own anti-independent contractor law. Titled as the “Workplace Fraud Amendment Act”, the law now: Penalizes misclassified 1099 workers; Allows workers to seek 3x lost W-2 wages and benefits; Requires 1099 employers to give specific notices to worker explaining their status as [...]

Read More

Oklahoma Implements Its Own Lead Paint Law

July 17, 2013 | from AdminBerenson | No Comments »

Oklahoma has become the latest of 13 states that have been authorized to administer their own lead paint laws in lieu of the federal EPA program. Fortunately, Oklahoma has incorporated all lead-safe work practices from the EPA program, so no serious concerns for contractors are on the horizon. Oklahoma contractors will no longer be subject [...]

Read More

50-Worker ObamaCare Test Put On Hold

July 11, 2013 | from AdminBerenson | No Comments »

Faced with growing criticism and concerns from business owners, the Obama Administration has delayed until January 1, 2015, the employer mandate under the Patient Protection and Affordable Care Act, commonly referred to as ObamaCare. If not for the delay, the employer mandate would have taken effect on January 1, 2014. The employer mandate includes a [...]

Read More