News & Analysis as of

Independent Contractors Administrative Law Judge (ALJ)

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 -
Proskauer - Labor Relations Update

Another One: The NLRB Revives Standard That Employees Are Protected When Advocating for Nonemployees

A slew of decisions that were pending before the National Labor Relations Board (“NLRB” or the “Board”) have been issued at the end of August, coming at the close of Member Wilcox’s term. In American Federation for Children,...more

Husch Blackwell LLP

Biden's NLRB Targeting Employee Misclassification as Independent ULP

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The National Labor Relations Act (Act) protects employees’ right to unionize (and not unionize), and to engage in other “protected concerted activity.” These are basic rights guaranteed to employees under Section 7 of the...more

Jackson Lewis P.C.

Class Action Trends Report Fall 2020

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As the COVID-19 pandemic continues to alter work lives in profound ways, employers are confronted with additional liability risks. The pandemic has created a wave of litigation that is unlikely to ebb until well after the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Strips Employer of Dancers’ Independent Contractor Status

In a decision that may be useful to employers deciding whether workers should be classified as independent contractors or employees, the National Labor Relations Board (NLRB) found that an exotic dancer at the Centerfold Club...more

Fox Rothschild LLP

Uber Case Shows How Tough New Jersey Is On Independent Contractor Determinations

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I have blogged numerous times about the strictness of the New Jersey A-B-C test as applied to possible independent contractors. The prime example of this is the very recent assessment of Uber for $650,000,000 in back-due...more

Troutman Pepper

NLRB Issues a Series of Employer-Friendly Decisions

Troutman Pepper on

Q.  I heard there have been some significant National Labor Relations Board decisions recently. What do I need to know about them? ...more

McNees Wallace & Nurick LLC

Misclassifying Workers as Independent Contractors Does Not Violate NLRA

A lot of times, determining whether a worker is an independent contractor or an employee is tough.  Different laws have different standards, and government agencies and the courts often apply different tests in addressing...more

Sheppard Mullin Richter & Hampton LLP

An Employer’s Erroneous Announcement To Employees Declaring Them Independent Contractors Does Not, Standing Alone, Violate The...

Does an employer who genuinely believes that its workers are independent contractors and tells them that they are contractors and not employees, only to later find out that it was wrong, violate Section 8(a)(1) of the...more

Proskauer - Labor Relations Update

National Labor Relations Board: Labor Day Roundup

While much of the country spent the last week of summer enjoying the last few days of sun, the National Labor Relations Board spent the week before its eponymous three-day weekend churning out a couple of important decisions....more

Fisher Phillips

Misclassifying Workers No Longer Constitutes An Unfair Labor Practice

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Employers found to have misclassified employees as independent contractors will no longer face the prospect of unfair labor practice charges for such actions alone, according to a new ruling handed down yesterday by the...more

Fisher Phillips

Web Exclusive - July 2019: The Top 18 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 for the past few years—and this past month...more

Littler

Indiana Supreme Court: Driver for Large Vehicle Transportation Matching Service Properly Classified as Independent Contractor

Littler on

Resolving split decisions among Indiana Court of Appeals panels, the Indiana Supreme Court ruled on January 23, 2019, that a transportation matching service properly classified a driver as an independent contractor. Q.D.-A,...more

Littler

New York Appellate Court Delivers Big Win To Gig Economy Business

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On June 22, New York’s Third Department appellate court – which has jurisdiction over all state Unemployment Division appeals – issued a significant decision for “gig” economy companies with operations in New York. In Matter...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 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 for the past few years—and this past month...more

Locke Lord LLP

April and May 2018 Independent Contractor Misclassification and Compliance News Update

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The past two months were momentous for many companies that engage independent contractors in California to supplement their workforce or to interact with their customers. This applies not only to businesses based in...more

Fisher Phillips

Labor Board Debates Whether To Add Insult To Injury In Misclassification Debate

Fisher Phillips on

Imagine one of your worst corporate nightmares comes true: a government body has determined that you have misclassified your workers, and they should be considered employees and not contractors. The ramifications could be...more

Jackson Lewis P.C.

NLRB Solicits Briefs On Independent Contractor Misclassification As ULP Issue

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National Labor Relations Board Administrative Law Judge Arthur J. Amchan had ruled in Velox Express, Inc. that misclassification of employees as independent contractors violates Section 8(a)(1) of the National Labor Relations...more

FordHarrison

New Jersey Commissioner of Labor Clarifies the Owner-Operator Exemption under the State's Unemployment Law

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On December 11, 2017, the Commissioner of the New Jersey Department of Labor and Workforce Development, Aaron Fichtner (the “Commissioner”), ruled that the New Jersey Unemployment Compensation Law’s (NJUCL) exemption for...more

Jackson Lewis P.C.

Misclassification Of Independent Contractor Is Violation Of NLRA, ALJ Rules

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The misclassification of an independent contractor is an unfair labor practice under the NLRA, according to Administrative Law Judge Dickie Montemayor. Intermodal Bridge Transp., No. 21-CA-157647 (Nov. 28, 2017). ALJ...more

Benesch

InterConnect FLASH! No. 64 - NLRB Rules against Employee Status for Menard’s Drivers

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A National Labor Relations Judge dismissed an action brought by the National Labor Relations Board (“NLRB”) regional director against Menard, Inc. (“Menards”) for misclassifying its independent contractor (“ICs”) drivers in...more

Fisher Phillips

October 2017: The Top 11 Labor And Employment Law Stories

Fisher Phillips on

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

Manatt, Phelps & Phillips, LLP

Employment Law - June 2017 #3

DOL Withdraws Obama-Era Guidance, Promises More Change - Why it matters - The new Secretary of Labor officially withdrew the Department of Labor’s (DOL’s) guidance on joint employment and independent contractors, although...more

McGuireWoods LLP

Labor Relations Today: 2016 Year In Review

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Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

Proskauer - Law and the Workplace

Appellate Division Rules That Paid Blogger Was Not An “Employee” Entitled To Unemployment Benefits, Signaling Trend Toward More...

One of the recurring themes in workplace law in 2016 was the continued crackdown on independent contractor misclassification. Both federal and state agencies, as well as the plaintiffs’ bar, invested significant resources to...more

Morrison & Foerster LLP

MoFo New York Tax Insights - Volume 7, Issue 12

NYC ALJ Holds That Consulting Firm May Source Receipts Based on Location of Independent Contractors - The nature of the services performed by a corporation, and how that corporation should source its receipts from those...more

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