Richard J Reibstein

November 03, 2016 | New York Law Journal

While there are laudable purposes for the Freelance Isn't Free Act, it regrettably has serious defects. The mayor should send it back to the City Council to cure its flaws, which would otherwise lead to adverse consequences to both independent contractors and those companies to whom they provide services.

By Richard J. Reibstein, Janet B. Barsky and Jessica X. Rothenberg

15 minute read

November 27, 2013 | New York Law Journal

Richard J. Reibstein and Janet B. Barsky of Pepper Hamilton write: A new bill that will significantly limit the use of independent contractors to deliver commercial goods in New York is awaiting signature by the governor. Businesses that currently treat as independent contractors some or all drivers who deliver commercial goods to their customers will have to reclassify such individuals as employees unless the drivers meet one of two tests. Both of these tests are far more challenging to meet than the common law test currently used in New York to determine if a worker is an employee or independent contractor.

By Richard J. Reibstein and Janet B. Barsky

16 minute read

May 24, 2010 | National Law Journal

The Employee Misclassification Prevention Act would impose record-keeping obligations and impose hefty penalties for noncompliance.

By Richard J. Reibstein, Lisa B. Petkun and Andrew J. Rudolph

9 minute read

September 09, 2010 | New York Law Journal

Richard J. Reibstein, a partner with Pepper Hamilton, and Russell E. Adler, a counsel at the firm, analyze recently signed legislation that seeks to curtail misclassification of employees as independent contractors in the construction industry, where misclassification appears to be far more prevalent than in other industries in New York.

By Richard J. Reibstein and Russell E. Adler

12 minute read

May 25, 2010 | The Legal Intelligencer

On April 22, a bill was introduced in Congress to make misclassification of employees as independent contractors a federal labor law violation. The Employee Misclassification Prevention Act, or EMPA, would also impose record-keeping and notice obligations upon companies and subject them to hefty penalties for noncompliance with the proposed new law.

By Richard J. Reibstein, Lisa B. Petkun and Andrew J. Rudolph

9 minute read

May 15, 2008 | New York Law Journal

Richard J. Reibstein, John A. Nixon, Dan A. Schulder, Stuart A. Shorenstein and Tiffany Raspberry, members of WolfBlock's independent contractor compliance working group, write that for decades, legal challenges to an employer's use of independent contractors were infrequent. Over the last year, however, companies have been faced with substantial judgments in highly visible lawsuits brought on behalf of workers who have successfully established that they were common law employees improperly classified by their employers as independent contractors. Also in this issue of GC New York, "Regulating the Legal Profession: Sense or Nonsense?" and "Room for Error."

By Richard J. Reibstein, John A. Nixon, Dan A. Schulder, Stuart A. Shorenstein and Tiffany Raspberry

12 minute read

May 29, 2008 | Law.com

There has been a wave of regulatory and legislative initiatives seeking to stem the use of independent contractors. In addition, companies are facing highly visible lawsuits brought on behalf of classes of workers who have successfully established that they were improperly classified by their employers.

By Richard J. Reibstein, John A. Nixon, Dan A. Schulder, Stuart A. Shorenstein and Tiffany Raspberry

12 minute read