News & Analysis as of

Independent Contractors Patient Protection and Affordable Care Act (PPACA) Fair Labor Standards Act (FLSA)

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 -
Dunlap Bennett & Ludwig PLLC

The Department Of Labor’s New Rule: Employee Versus Independent Contractor?

In the dynamic landscape of federal regulations, significant changes have emerged in 2024 that businesses need to be aware of. One of these changes includes the redefining of the classification of “independent contractors”...more

Holland & Hart - The Benefits Dial

You Say Goodbye, I Say Hello . . . But Be Careful On How You Classify Someone On The Way Back In The Door

In 2020, the United States experienced a record-breaking number of unemployment claims. If you had to make the difficult decision to furlough or let employees go due to the coronavirus, you were not alone. As we continue...more

Best Best & Krieger LLP

[WEBINAR] 2019 Annual Labor & Employment Update

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From independent contractors to privacy to arbitration agreements - the California Legislature was busy in 2019 passing a wealth of new labor and employment laws that impact your business or agency. In this Best Best &...more

Fisher Phillips

October 2017: The Top 11 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

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Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Littler

Restaurant and Business Leader Andy Puzder Picked to Lead the DOL

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President-elect Donald Trump has formally named Andy Puzder as his choice to be the next Secretary of Labor. Currently the CEO of CKE Restaurants, the parent company to several fast-food chains, Puzder is a long-time advocate...more

Littler

2016 Executive Employer Survey Report

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The fifth annual report examines the legal, economic and social issues having the greatest impact on the workplace, based on survey responses from more than 800 in-house counsel, human resources professionals and C-suite...more

Saul Ewing LLP

Labor and Employment Law Roundup – The Year in Review

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Employers have been buffeted over the last several years by significant changes in labor and employment laws at the federal, state and local levels, and 2015 was no exception. As the year draws to a close, here is a recap of...more

Shumaker, Loop & Kendrick, LLP

Insights Newsletter - Autumn 2015

What to Do When the Government Comes Calling - In today’s complex world of e-commerce and international competition, increasingly governmental agencies (both state and federal) are resorting to “dawn raids” (i.e.,...more

Epstein Becker & Green

Five Evolving Issues Confronting Employers in the Hospitality Industry

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As the hospitality industry continues to grow and expand, one common goal is to provide all-inclusive experiences for visitors and patrons. Unfortunately, given the breadth of the goods and services offered to the public and...more

Fisher Phillips

Are Your Contractors Actually Employees? DOL Says Probably Yes

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Last month, the U.S. Department of Labor (USDOL) issued an Administrator's Interpretation aimed at addressing what it characterizes as the “problematic trend” of employers misclassifying workers as independent contractors...more

Spilman Thomas & Battle, PLLC

SuperVision Today - August 2015

Notes from the Chair and Executive Editor - Welcome to the third quarter edition of SuperVision Today, the quarterly e-newsletter published by Spilman's Labor & Employment Group... ...In this edition of SuperVision...more

Baker Donelson

Employee Health Care Plans: Tips for Navigating the Affordable Care Act Requirements

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The United States Supreme Court upheld the Affordable Care Act (the "Act") in a recent decision involving the use of the insurance exchanges. Employers are now certain that they must deal with the requirements of the Act...more

Davis Wright Tremaine LLP

USDOL Accelerates Attack on Businesses Using Contract Service Providers

The U.S. Department of Labor has launched two major initiatives designed to encourage individual workers who are contract service providers to bring misclassification claims and lawsuits. According to the Department, “most...more

Littler

Spring Regulatory Agenda Sets Forth New Deadlines, Proposals

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In keeping with past practice, federal agencies released their spring regulatory agendas on the eve of a holiday weekend. These semiannual reports list all of the federal agency regulations currently under development or...more

Shumaker, Loop & Kendrick, LLP

Employment Law Checkup 2014

Each year usually starts with a lot of resolutions and good intentions that fall by the wayside, mostly for lack of a plan. One resolution of all employers should be to update their policies and practices to comply with the...more

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