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

Retail and Consumer Products Law Roundup - June 2016

President Signs Legislation Modernizing Federal Chemical Regulation Law - Overhaul of Toxic Substances Control Act (TSCA) has important business implications for consumer product manufacturers and retailers. ...more

What Employers Need to Know About the New State Garnishment Laws, Part II: Tennessee, California, South Dakota, and West Virginia

The requirements and processes applicable to employers handling garnishments are primarily governed by state law—meaning that multi-state employers need to be aware of the federal Consumer Credit Protection Act (CCPA) in...more

Wait – Senator Warren DIDN’T Slam The Gig Economy?

Outspoken Massachusetts Senator Elizabeth Warren isn’t known for mincing words. Whether she’s telling a big bank to “go to hell” from the floor of the Congress or calling Donald Trump a cancerous demagogue, she is anything...more

The Employment Law Authority - May/June 2016

The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per...more

Fourth Circuit's Exotic Dancer Decision May Affect Other Independent Contractor Classifications

Earlier this month in McFeeley v. Jackson Street Entertainment, LLC, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) concluded that exotic dancers were employees entitled to minimum...more

$240 Million Settlement Closes Chapter on FedEx IC Misclassification Lawsuits

FedEx yesterday announced that it reached a settlement of its remaining independent contractor class action lawsuits in 20 states with its Ground Division drivers for $240 million, pending court approval. Coming on the heels...more

10th Circuit Reverses Punitive Damages Against Property Owner Based on Use of “Reputable” Contractor

As we reported earlier this month, courts sometimes disregard the general rule of non-liability for the conduct of independent contractors, and allow liability to be imposed against principals — including for punitive damages...more

Antitrust Claims: The Next Battleground For Gig Employers

As we have discussed previously, Uber has been caught up in a number of public legal disputes. At the forefront of Uber’s legal issues are ongoing disputes over whether Uber drivers will be considered employees or independent...more

Are exotic dancers employees or independent contractors? Fourth Circuit says they are employees

In May 2016, the Fourth Circuit applied a six-part, economic realities test to determine that two Maryland dance clubs had misclassified their exotic dancers as independent contractors. This case is important for several...more

The Purge: Gig Economy

The year is 2020. In a futuristic America plagued by employment lawsuits, the federal government sanctions a three-year period in which all gig economy companies are exempt from labor and employment laws. Internet-based...more

Uber-Expensive Settlement Could Be Uber-Important To Employers

The ride-sharing company Uber recently announced a preliminary $100 million agreement to settle claims alleging that it improperly classifies its workforce as independent contractors. Because the settlement involves the...more

How To Manage Freelancers In The Gig Economy

It is estimated that more than one in three Americans currently perform some freelance work, whether as a supplement to their day jobs, or as their full-time gig. We all know (because the media tells us) that millennial...more

May 2016 Independent Contractor Misclassification and Compliance News Update

TELECOM SALES AND MARKETING AGENTS GAIN CERTIFICATION IN IC MISCLASSIFICATION CLASS ACTION. A New York federal district court grants conditional certification of a proposed FLSA nationwide collective action brought against...more

First Circuit Affirms FAAAA Preemption of Massachusetts Independent Contractor Law

On May 11, 2016, the First Circuit Court of Appeals issued the latest of several decisions supporting and furthering federal preemption of the Massachusetts independent contractor statute for businesses that qualify as motor...more

California State Assembly Approves Bill on Rural Hospital Physician Employment

A bill that would permit rural hospitals to directly employ physicians has been approved by the California State Assembly. Assembly Bill 2024, authored by Jim Wood (D-Healdsburg), will be considered next by the Senate Health...more

Medical Litigation Newsletter - Spring 2016

Reducing Monetary Recovery in “Lost Chance Of [Medical] Recovery” Cases - In medical malpractice cases involving solely “iatrogenic” loss (e.g., harm of or relating to medical treatment), plaintiff bears the burden of...more

Kentucky Supreme Court Affirms Punitive Damages 386 Times Compensatory Damages; Clarifies Vicarious Liability Standards

Last month, the Kentucky Supreme Court affirmed an award of punitive damages against a hospital, under the Emergency Medical Treatment and Active Labor Act (EMTALA), that was a staggering 386 times the hospital’s share of...more

SBA Final Rule Adopts Changes to Subcontracting Limitations and Other Regulations

The U.S. Small Business Administration (SBA) has issued a long-awaited final rule to implement certain small business-related provisions of the National Defense Authorization Act of 2013 (NDAA), including key changes in the...more

Transgender Video Game Industry Employee Converted to Independent Contractor Status Raises Misclassification and Discrimination...

A prominent Washington State video game company, Valve Corporation, creator of Half-Life, Counter-Strike, and Left 4 Dead, has been sued by a former employee it converted into an independent contractor as an accommodation to...more

New Arizona Legislation May Affect the Interests of Arizona Businesses and Employers

Two new statutes, signed into law by Arizona Governor Doug Ducey this legislative session, attempt to set new standards on defining the independent contractor relationship and how wages are regulated. Below is a description...more

Losing Control: The USDOL's Latest Independent Contractor Test

The use and misuse of independent contractor status has been one of the most talked about issues facing businesses over the past decade. Major newspapers have published exposés, lawmakers have threatened new legislation, and...more

Uber Agrees to Form Non-Union Guild With New York City Drivers

Seyfarth Synopsis: Uber has agreed to create the Independent Drivers Guild, a non-union organization that will provide New York City based Uber drivers with regular access to the Company and the ability to raise concerns...more

Umpteenth Time’s the Charm? Massachusetts Has Another Go At Non-Compete Reform

The Massachusetts legislature is back at it again — as the Boston Globe reports, the Joint Committee on Labor & Workforce Development has sponsored a compromise bill with the goal of limiting non-competes in the Commonwealth....more

Same-Day Delivery Companies: 2; MA Independent Contractor Statute: 0. First Circuit Once Again Upholds Classification of Couriers...

Relying on its precedent, the First Circuit Court of Appeals held for the second time this year that the Federal Aviation Administrative Authorization Act of 1994 (“FAAAA”) preempts application of the Massachusetts...more

InterConnect FLASH! No. 54 - Finally! Prong 2 Of The Massachusetts "ABC" Test Is Dead!

On May 11, 2016, the First Circuit Court of Appeals rendered a decision in Massachusetts Delivery Association v. Healy (the “MDA case”) preempting Prong 21 of the Massachusetts Independent Contractor Law (the “Massachusetts...more

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