The Jewish Community Center of Greater Washington (JCCGW) will pay $100,000 to a hearing-impaired assistant teacher to settle a disability discrimination lawsuit. The U.S. Equal Employment Opportunity Commission (EEOC) charged the JCCGW with violating the Americans with Disabilities Act for not providing reasonable accommodation to the teacher. Instead, the teacher was demoted to a lower-paying position and then fired due to her hearing impairment.

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Merchandising Concept Group v. California Unemployment Ins. Appeals Bd. (2010) , Cal.App.4th

Merchandising Concept Group contracted with clothing manufacturers to provide attractive product displays to promote sales of goods in retail stores. The people who made the displays were called detailers, and Merchandising Concept Group classified them as independent contractors.

The Employment Development Department audited Merchandising Concept Group and determined the detailers were not independent contractors but employees subject to employment tax-related deductions. The Employment Development Department issued an assessment totaling approximately $110,000 plus a penalty on Merchandising Concept Group based on the reclassification of 148 of its workers. This assessment included unpaid unemployment insurance contributions, employment training taxes, disability insurance contributions, and personal income tax.

Lesson: Get your 1099 act together! HR That Works Members are encouraged to watch the Independent Contractor Webinar and review the Independent Contractor Training Module which includes a video, report, analysis checklist, sample agreement and more.