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Independent Contractors Anti-Retaliation Provisions

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 -
Woods Rogers

What's the Tea in L&E? Why You Need Policies for Temps and Other Contractors

Woods Rogers on

What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this short video, Woods Rogers L&E attorneys Leah Stiegler and Emily Kendall Chowhan discuss putting in place...more

Foster Garvey PC

New Protections for Freelancers Statewide Under the New York Freelance Isn’t Free Act

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Originally effective in New York City from May 15, 2017, the New York Freelance Isn’t Free Act will now expand its protections to freelance workers across the entire state, effective August 28, 2024. This updated legislation...more

Dickinson Wright

No Vaccine, No Employment? Know Your State Law

Dickinson Wright on

The new Texas ban on vaccine mandates may be just the start. COVID-19 vaccination mandates have been the subject of litigation and the target of state legislation since the vaccines became readily available. While several...more

Littler

Littler Lightbulb: February Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Fisher Phillips

10 Things New York Businesses Need to Know About New Freelancer Protection Law

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A recently signed state law will soon protect New York freelance and contract workers from wage theft and delayed payments – and require businesses to put certain terms in writing. Businesses across the state will need to...more

Kohrman Jackson & Krantz LLP

Gig Workers Now Protected in Columbus, Ohio

The City of Columbus, Ohio, has enacted a new code conferring legal rights to gig workers, also known generally as freelance workers. Freelance workers now constitute almost forty percent of the national workforce. The...more

Dorsey & Whitney LLP

New York's Expanded Whistleblower Protection Law: What Changed in 2022?

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Sweeping amendments to New York’s whistleblower law took effect in 2022.  The law was amended to provide significantly greater protection from retaliation for individuals who raise concerns of employer wrongdoing. The amended...more

BakerHostetler

Seattle's New Independent Contractor Ordinance: Immediate Action Required

BakerHostetler on

Companies with independent contractors in Seattle need to take immediate action to comply with a new law passed by the Seattle City Council. The Independent Contractor Protections Ordinance, codified at SMC 14.34, took effect...more

Jackson Lewis P.C.

App-Based Companies Must ‘Pay Up’ in Seattle

Jackson Lewis P.C. on

Shortly after the Washington State legislature approved legislation that sets minimum wage and other benefits for gig drivers of rideshare companies, the City of Seattle passed the first of a series of bills that ask...more

Fisher Phillips

New York Lawmakers Pass a Flurry of Worker Protection Laws

Fisher Phillips on

As the New York State legislative session came to a close, state lawmakers passed a flurry of laws providing protections to workers, ranging from wage protections for freelance workers, prohibitions against absence control...more

Jackson Lewis P.C.

Expanded Protections For Whistleblowers Require Strong Commitment to Compliance Programs

Jackson Lewis P.C. on

With so much happening during the holidays, who wants to think about preventive steps and corporate compliance? Unfortunately, expansion of New York’s “whistleblower protection” laws coupled with the ongoing pandemic-related...more

Farella Braun + Martel LLP

New California Employment Laws in 2022

The California Legislature passed and Governor Newsom signed several new or amended employment laws covering topics ranging from non-disparagement and separation agreements, the California Family Rights Act, and warehouse...more

Jackson Lewis P.C.

Employee Whistleblower Protections Expanded Under New York Labor Law Section 740

Jackson Lewis P.C. on

On October 28, 2021, Governor Hochul signed legislation which expanded the scope of whistleblower protection under New York Labor Law Section 740. The new amended law expands the scope of individuals protected, the...more

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

Reasonable Expansion? New York Passes Additional Whistleblower Retaliation Law

On October 28, 2021, New York Governor Kathy Hochul signed into law Senate Bill S4394A, which amends section 740 of the New York Labor Law (NYLL) to enhance protections for private-sector employees who allege retaliation for...more

Jackson Lewis P.C.

End of California 2021 Legislative Session Brings New Laws Affecting California Employers

Jackson Lewis P.C. on

The California legislature has passed and Governor Gavin Newsom has signed a number of bills that address wage and hour practices and other issues affecting California employers. All bills take effect January 1, 2022, unless...more

Fisher Phillips

The Top 18 Workplace Law Stories from August 2021

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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

Gould + Ratner LLP

Chicago Passes Vaccine Anti-Retaliation Ordinance

Gould + Ratner LLP on

The Chicago City Council last week passed an ordinance providing more rights to employees who take time off from work to obtain the COVID-19 vaccine. Effective immediately, this ordinance allows Chicago employees and...more

Jackson Lewis P.C.

Chicago City Council Passes Vaccine Anti-Retaliation Ordinance

Jackson Lewis P.C. on

All Chicago workers, whether employees or independent contractors, have been granted additional legal protections under a new ordinance that makes it easier for them to receive the COVID-19 vaccine...more

Wiley Rein LLP

D.C. Employers Are Potentially Weeks Away from a Near-Total Ban on Non-Compete Agreements

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D.C. Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the Act) into law on January 11, 2021. Mayor Bowser’s decision means that the Act will become law if it survives the mandatory 30-day...more

McDermott Will & Emery

[Webinar] 2021 Labor & Employment Legal Update - December 3rd, 11:00 am - 1:00 pm PDT

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2021 Labor & Employment Legal Update: What’s to Come? With 2020 quickly coming to a close after an unprecedented and historic year of events, we will look at what changes are expected for 2021 and how those changes may...more

Fisher Phillips

June 2020: The Top 21 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

Proskauer - Law and the Workplace

Hearing Scheduled On Proposed Amendments to Massachusetts Paid Family and Medical Leave Law

On June 11, 2020, the Department of Family and Medical Leave (“DFML”) will hold a virtual public hearing on its recent proposed amendments to the final regulations pertaining to the Massachusetts Paid Family and Medical Leave...more

Seyfarth Shaw LLP

Virginia Legislative Update:  California of the East?  A Flood of  Employment-Related Legislation in the Commonwealth

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Seyfarth Synopsis: Virginia has been making headlines this year with an aggressive employment legislation agenda. Employers have come to expect “pro employee” legislation in California, New York and some other states, but not...more

Polsinelli

New Jersey Continues to Expand Worker Protections – New Protections for Misclassified Workers; New Potential Liability

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In addition to bolstering the provisions of its mini-WARN Act (see Part I), New Jersey Governor Phil Murphy also recently signed into law expansive provisions aimed at deterring worker misclassification....more

Faegre Drinker Biddle & Reath LLP

Retaining Independent Contractors in New Jersey Just Got Even Riskier

On January 21, 2020, New Jersey Governor Phil Murphy signed into law three bills that increase the potential pitfalls for businesses that rely on independent contractors. One new law adds to the penalties for misclassifying...more

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