Independent Contractors

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
News & Analysis as of

Labor Commissioner Finds Uber Driver To Be Employee, Not Independent Contractor

On June 3, 2015, the California Labor Commissioner determined that an Uber driver, Barbara Ann Berwick, was considered an employee of Uber, not an independent contractor. As such, she was entitled to reimbursement in the...more

North Carolina General Assembly Week in Review

House and Senate members passed a continuing resolution (CR) this week that will fund state government on a temporary basis until August 14, staving off a June 30 budget deadline which marked the end of the fiscal year. The...more

Arizona Court Clarifies Premise Liability

In a recent Arizona Court of Appeals case, the court clarified the rules for liability of a property owner to a person injured on the premises. In Lee v. M & H Enterprises, Inc. and Wal-Mart Stores, Inc. (filed April 21,...more

Do You Know Who Your Employees Are?

Employers are beginning to learn that they may have far more employees than they think. A driver for the ride sharing company Uber was considered an “employee” by the California Labor Commissioner’s Office earlier this month....more

USTA Aces Misclassification Case Before Second Circuit

With Wimbledon in full swing, and the U.S. Open just a few weeks away, the Second Circuit awarded game, set and match to the U.S. Tennis Association in a challenge to the independent contractor status of the tournament’s...more

Employee, Worker or Self-Employed?

In Suhail v Barking Havering & Redbridge NHS Trust UKEAT/0536/13/RN, the Employment Appeal Tribunal (EAT) considered whether a doctor who provided his services to a health care trust through a co-operative was an employee, a...more

FedEx Drivers: Employees or Independent Contractors? The Ninth Circuit Weighs in on California’s Murky “Right-to-Control” Test

In a closely watched case last year, the Ninth Circuit ruled that FedEx’s drivers are employees—not independent contractors—as a matter of law under California’s “right-to-control” test. Alexander v. FedEx Ground Package...more

Independent Contractor Misclassification: The Hidden Trap of Outsourcing

It’s a beguiling option. Companies that classify workers as independent contractors receive a number of benefits, including elimination of payroll taxes, workers’ compensation insurance, and unemployment insurance...more

Corporate E-Note - June 2015

In this Issue: - IRS Issues Guidance on Portability: The IRS recently issued final regulations that provide guidance on the federal estate and gift tax applicable exclusion amount, in general, as well as the...more

Employment Law - June 2015 #2

Joint Employers Can Be Liable for Employee Misclassification in California: Why it matters - Liability under the California Labor Code extends to joint employers that are aware of a willful misclassification of an...more

Federal Guidance on Independent Contractors on Its Way This Summer

Recently, Wage and Hour Division (WHD) Administrator David Weil announced that the DOL would issue an “administrator interpretation” letter early this summer on how an employer can best address whether an individual qualifies...more

Uber Driver—Independent Contractor or Employee? One Labor Commissioner Hearing Officer's Opinion

A hearing officer for the Labor Commissioner’s local office in San Francisco concluded earlier this month that an Uber driver was an employee of Uber, not an independent contractor. As a result, the hearing officer awarded...more

Former Uber Driver Gets a Lyft from the Labor Commissioner

A California Labor Commissioner has ruled that one of San Francisco-based Uber’s drivers, Barbara Ann Berwick, is an employee, not an independent contractor. The Labor Commissioner awarded Berwick just over $4,000 for...more

Canadian Employment News Series - June 2015

Employees and Independent Contractors: The Changing Nature of Employment - Organizations are increasingly retaining the services of individual contractors rather than hiring employees in order to increase the...more

Are You in the DOL's Crosshairs? Statistics Give Warning to Retail, Hospitality Employers

Last week, the Department of Labor posted a new blog post from Wage and Hour Division Administrator Dr. David Weil highlighting the DOL’s wage and hour enforcement efforts. Dr. Weil’s statement that the DOL recovered “over...more

Uber Drivers as “Independent Contractors” – Maybe Not!

Employers face a variety of challenges when relying on “independent contractors.” Typically these disputes involve wages and/or hours worked or alleged entitlement to benefits. A recent case against Uber, however, brought a...more

Labor Commissioner's Uber Decision: A Reminder of Misclassification Dangers

On June 3, 2015, the California Labor Commissioner ruled that a San Francisco-based driver for the popular ride coordination service Uber Technologies, Inc. (“Uber”), was an employee rather than an independent contractor....more

Berwick V. Uber: Small Decision, Uber-Sized Headache

In a somewhat unexpected, but not that surprising, ruling, the California Labor Commissioner, on June 3, 2015, issued a 12-page decision in favor of a pro se plaintiff driver against mighty Uber Technologies, Inc. for...more

Worker Misclassification – What Employers Need to Know in Light of New Enforcement Efforts

The Virginia Department of Labor and Industry (“DOLI”) has recently announced the implementation of a new Virginia Occupational Safety and Health (“VOSH”) policy directed at preventing the misclassification of workers in VOSH...more

IT Project Disputes Management - Managing the Cloudy Skies

In this issue: - Overview of Presentation - Prevention is better than cure - Fix problems in the design phase - Early diagnosis and treatment of problems - So what do you do? - Areas of major...more

Uber Relieved or Uber Mad? What Does the Recent UBER Misclassification Ruling Mean for Employers?

Last week, the California Labor Commissioner ruled that Uber driver Barbara Berwick was an employee and not an independent contractor, as Uber classifies all its drivers. The ruling was based on the Labor Commissioner’s...more

Health Care E-Note - June 2015

In This Issue: - Why, Again, Do You Think That Worker is an Independent Contractor? - I-9 and E-Verify Compliance Practices for Temporary Labor and Contractors - Excerpt From Why, Again, Do You Think That...more

That is SO last week - June 2015

Last week, Uber suffered a setback in one of the many driver-initiated lawsuits it’s defending. A federal judge in California ruled that the popular ride-sharing app cannot compel arbitration of claims by drivers relating to...more

California Labor Commissioner Rejects Former Uber Driver’s “Independent Contractor” Status

On June 16 San Francisco-based rideshare service Uber Technologies filed notice that it intends to appeal a decision issued by the California Labor Commissioner earlier this month, which determined that a former driver should...more

California Labor Commissioner Delivers A Blow to the Ride Sharing Independent Contractor Concept

The decision to classify workers as independent contractors versus employees can be a costly one, but nevertheless, continues to be a decision many employers make quickly and without regard for the potential risks. In...more

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