News & Analysis as of September 20, 2024

Labor Regulations

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Understanding the New Rules of Independent Contractor Classification Law

Sands Anderson PC on 3/15/2024

There are few areas in employment law that remain in a greater state of flux than the question of who a business can properly classify as an independent contractor. The differences between federal and state law can make the...more

Pennsylvania Targets Worker Misclassification: Steep Costs Await Uninformed Employers

Tucker Arensberg, P.C. on 2/21/2024

Pennsylvania is cracking down on misclassification of workers, and the costs to employers could be steep. Pennsylvania is placing an emphasis on employee classification. Recent investigations into misclassification have...more

New York Enacts Sweeping Changes to Independent Contractor Arrangements

Littler on 1/26/2024

The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not...more

The Burr Broadcast: New Independent Contractor Rule

Burr & Forman on 1/19/2024

In this episode of The Burr Broadcast, Chandler Aragona explains the new Independent Contractor rule that goes into effect on March 11, 2024. ...more

Los Angeles’ New Requirements For Work With Independent Contractors

CDF Labor Law LLP on 8/18/2023

California has gone to great lengths to limit independent contractor relationships and recently, the City of Los Angeles, created additional hurdles to the hiring and use of independent contractors or freelance workers. The...more

Columbus, Ohio, Adds Freelance Worker Protections to Its City Code

Epstein Becker & Green on 7/28/2023

The nationwide growth of the “gig economy” has provoked the enactment of laws aimed at providing economic protection to freelance workers. In May 2023, the Columbus City Council joined this national trend by amending the...more

Written Contract Will Be Required For Many Independent Contractors And Freelance Workers In Los Angeles Starting July 1, 2023

CDF Labor Law LLP on 7/3/2023

A new city ordinance in Los Angeles will take effect on July 1, 2023, which requires a written contract for many independent contractors and freelance workers who work in the city. This ordinance, known as the Freelance...more

New York Appellate Court Takes First Crack at Interpreting NYC’s Freelancing Law

Littler on 8/12/2022

The First Department of the Supreme Court, Appellate Division (the “Appellate Division”) recently issued the first appellate decision interpreting New York City’s Freelance Isn’t Free Act (FIFA). Plaintiffs – a photography...more

Lights, Camera, Legal Action: Avoiding Employment Pitfalls in the Film and Studio Industry

Arnall Golden Gregory LLP on 2/17/2022

In the wake of the deadly Rust tragedy last year, independent studios and production companies began revisiting their practices, policies, and attitudes regarding safety on set....more

NLRB Considers Abandoning Current Standard for Independent-Contractor or Employee Status

Proskauer - Labor Relations Update on 12/31/2021

In what will have a significant impact on the employment status of “gig” economy workers under federal labor law, the National Labor Relations Board (“NLRB” or “Board”) seems poised to revert to a more worker-friendly...more

AB 5 Survives Challenge From Freelance Writers, Photographers

Manatt, Phelps & Phillips, LLP on 11/22/2021

Assembly Bill 5 regulates economic activity and not speech, the U.S. Circuit Court of Appeals for the Ninth Circuit recently held, affirming dismissal of a suit brought by freelance writers and photographers challenging the...more

Driver’s Misclassification Suit Gets New Life From Ninth Circuit

Manatt, Phelps & Phillips, LLP on 10/14/2021

The retroactive application of Dynamex may permit a Grubhub driver’s suit alleging he was misclassified as an independent contractor, according to a new decision from the U.S. Court of Appeals for the Ninth Circuit....more

Florida Business Required to Report Independent Contractors Effective October 1

FordHarrison on 9/30/2021

Executive Summary: Effective October 1, 2021, Florida businesses will be required to submit new hire information for their independent contractors to the Florida Department of Revenue. This is a significant change for...more

Using A Contractor? New Reporting Requirements in Florida

Akerman LLP - HR Defense on 9/29/2021

Florida has imposed a substantial new reporting requirement on employers and businesses who utilize independent contractors. Businesses need to be prepared; the new requirement takes effect October 1, 2021....more

The Battle Continues: Prop 22 Struck Down, AB 5 Appealed

Manatt, Phelps & Phillips, LLP on 9/27/2021

The long-running battle over the classification of workers as independent contractors or employees in California continues, with a trial court judge striking down Proposition 22 and an appeal to the U.S. Supreme Court to...more

Another Privacy Headache for California: Court of Appeal Ruling Will Slow Down Criminal Background Checks Throughout California

Littler on 9/8/2021

Companies that hire employees and engage independent contractors in California should brace for a significant slowdown in background checks that include criminal record searches in California state courts....more

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Hiring & Firing › Gig Economy › Labor Regulations

Understanding the New Rules of Independent Contractor Classification Law

Pennsylvania Targets Worker Misclassification: Steep Costs Await Uninformed Employers

New York Enacts Sweeping Changes to Independent Contractor Arrangements

The Burr Broadcast: New Independent Contractor Rule

Los Angeles’ New Requirements For Work With Independent Contractors

Columbus, Ohio, Adds Freelance Worker Protections to Its City Code

Written Contract Will Be Required For Many Independent Contractors And Freelance Workers In Los Angeles Starting July 1, 2023

New York Appellate Court Takes First Crack at Interpreting NYC’s Freelancing Law

Lights, Camera, Legal Action: Avoiding Employment Pitfalls in the Film and Studio Industry

NLRB Considers Abandoning Current Standard for Independent-Contractor or Employee Status

AB 5 Survives Challenge From Freelance Writers, Photographers

Driver’s Misclassification Suit Gets New Life From Ninth Circuit

Florida Business Required to Report Independent Contractors Effective October 1

Using A Contractor? New Reporting Requirements in Florida

The Battle Continues: Prop 22 Struck Down, AB 5 Appealed

Another Privacy Headache for California: Court of Appeal Ruling Will Slow Down Criminal Background Checks Throughout California

Employment Flash - August 2021

Tightening the Vise: N.J. Further Expands Power to Thwart Employee Misclassification

U.S. DOL Signals Tougher Stance on Federal Classification of Workers as Independent Contractors

DOL Withdraws Independent Contractor Rule

Department of Labor Officially Withdraws Trump-Era Independent Contractor Final Rule

DOL Officially Axes Independent Contractor Rule of Previous Administration

Beltway Buzz - May 2021

DOL announces withdrawal of Trump administration independent contractor rule

A Brand-New Employment Equation? The Biden Administration 100-Day Report for Employers

Hiring & Firing › Gig Economy › Labor Regulations

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