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SureMobile automates mileage tracking, trip logging, and expense report submission for employees and managers on the go.
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Last Updated: October 13, 2020
Knowing how to classify your workers can be tricky. With roots in the payroll industry, at CompanyMileage we know this all too well. If you’re a business owner having trouble classifying your workers…you aren’t alone. Check out this article from our law firm, Brown Fox.
BREAKING NEWS: U.S. DEPARTMENT OF LABOR ISSUES FORMAL REGULATORY PROPOSAL MEANT TO SIMPLIFY THE INDEPENDENT CONTRACTOR VS. EMPLOYEE ANALYSIS
Article by: Russ Brown, Managing Director, Brown Fox and Margaret Mead, Director, Brown Fox
As any business owner knows, wrestling with how to classify workers can be a challenging and stressful endeavor. Jurisdictional rules vary widely and the consequences for misclassification are even greater. Moreover, workers can be reclassified by governmental agencies or by court order, regardless of contract or clear agreement between the employer and worker.
Today the Department of Labor issued a proposed rule on independent contractor status under the Fair Labor Standards Act (FLSA). The newly proposed language is more business friendly than prior formal guidance and is meant to make it easier for workers to be properly classified. Once published, the public has 30 days to submit comments about it. Here are the key facets of the rule:
The rule says there are 5 relevant factors in determining whether a worker is an employee versus an independent contractor, but the first 2 are “core factors” and the most probative:
EMPLOYER TAKEAWAY
Employers should welcome today’s news. The proposed regulations, should they become finalized, make it easier to evaluate whether a worker is an independent contractor or employee, and arguably easier to classify the worker as an independent contractor should the parties desire such an approach. Pitfalls remain, however, as some states’ laws are far more strict than federal law and should be followed in specific circumstances.
About the Authors
Russ Brown – Managing Partner, Brown Fox
Russ Brown represents businesses and executives, with a focus on labor and employment law. He is regularly recognized for his legal acumen, with numerous honors as a Super Lawyer and Rising Star, and other business leadership awards from Dallas Business Journal and D Magazine. Mr. Brown co-founded Brown Fox and serves as the firm’s Managing Partner.
Margaret Mead – Partner, Brown Fox
Margaret Mead is a board-certified labor and employment attorney, with over two decades of experience. As a fierce litigator, she has represented clients in Texas State and federal courts and before state and federal agencies (EEOC, TWC, Department of Labor). Originally from Kansas and a KU Alumni, Ms. Mead is a Jayhawks basketball enthusiast. She enjoys attending local musical and dance performances. She also enjoys travel and scuba-diving.
About Brown Fox
Brown Fox is a business boutique law firm primarily focused on serving businesses, executives and entrepreneurs in practice areas most common to their daily business needs: appellate, corporate, labor and employment, intellectual property, litigation, real estate, tax and bankruptcy. Both Russ Brown and Margaret mead are experts in labor and employment law, and bring several decades of experience to the negotiation table.
Brown Fox PLLC | 8111 Preston Road, Suite 300, Dallas, Texas 75225 | Phone 214.327.5000
Manage all Workers with CompanyMileage
Whether your mobile workers are employees or contractors, SureMileage by CompanyMileage will help you better manage their mileage expenses and reimbursement process. Our unique system allows workers to quickly route trips and record mileage, create expense reports and submit them remotely for reimbursement. Unlike other GPS-based systems, the SureMobile app calculates the distance from point A to point B, ensuring that the correct mileage is submitted for every trip throughout the workday. Request a demo with CompanyMileage to learn more today!
Click here to view the original article by Brown Fox.
Written by The CompanyMileage Team
Marketing
CompanyMileage helps hundreds of organizations across multiple industries effectively manage the cost of reimbursing employee mileage expenses through it's mileage and expense management software solutions.
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