"Independent Contractor"

This blog post was authored by Steven M. BerlinerRetirement-Sign.jpg

Given all the recent public employee pension reform changes to absorb, it is not surprising that part-time employees of CalPERS contracting agencies have received little attention.  After all, part-time employees are excluded from CalPERS membership, right?  While that might be the general rule, the exceptions practically

truckMany public agencies supplement their workforce with independent contractors.  Since independent contractors who perform services are not employees, agencies do not have to pay them according to the requirements of the Fair Labor Standards Act (FLSA). If the contractor does not meet the qualifications for “independent contractor” status, the worker must be treated as an

Retirement Sign.jpgThis blog post was authored by Michael Youril

If your agency is a contracting agency with the California Public Employees’ Retirement System (CalPERS), chances are you have heard about the important distinctions between an “employee” and an “independent contractor” under the Public Employees’ Retirement Law (PERL).  Whether an individual is an “employee” or an “independent

Employee Computer.JPGShakespeare asked, “What’s in a name?”  You may answer “independent contractor,” but someone else would say, “employee.”  Does it matter?  You better believe it.  There are numerous laws that may very well cause employers to pay a lot more than they bargained for when hiring people and treating them as independent contractors.  A recent court

Man listening through wall.JPG

For the second time in a month, the San Diego Union-Tribune’s Watchdog tattled on a CalPERS retiree working for a CalPERS employer post-retirement.  The first incident the Watchdog tapped CalPERS to look into resulted in a finding of illegal post-retirement employment. CalPERS has not yet reached a finding in the second incident which involves the