News & Analysis as of

Independent Contractors Choice-of-Law

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 -
Weber Gallagher Simpson Stapleton Fires &...

Will an Out of State Contract Bind the Parties in New Jersey to the Laws of Another State?

In Bruno L. Moraes v. Supreme Auto Transport, No. A-0702-20 (App. Div. June 4, 2021) the Appellate Division held in an unpublished decision that the Claim Petition was inappropriately granted without further consideration of...more

Lathrop GPM

The Franchise Memorandum - Issue # 262

Lathrop GPM on

California Supreme Court Applies Independent Contractor Standard Retroactively; Does Not Reach Applicability to Franchises - The California Supreme Court has held that its Dynamex decision applies retroactively, answering...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

Bowditch & Dewey

HRMA Perspectives publishes “The Supreme Judicial Court and the New Law Imposing Restrictions on Non-Compete Agreements in...

Bowditch & Dewey on

Earlier this summer, Governor Baker signed into law a long-awaited bill restricting the use of non-competition agreements. This bill took effect on October 1, 2018, and will apply to agreements entered on or after that date....more

Seyfarth Shaw LLP

At Long Last, Non-Compete Legislation: Massachusetts Finally Passes Non-Compete Bill After Nearly a Decade

Seyfarth Shaw LLP on

This week, after close to a decade of “will they or won’t they” nail biters, the Massachusetts legislature finally passed a non-compete bill, just minutes before the end of the 2018 legislative session....more

Benesch

InterConnect FLASH! No. 62 - Arbitration Clauses in IC Agreements: The Winds Are Shifting

Benesch on

Recently, the First Circuit Court of Appeals in a case of first impression (Oliveira v. Prime) further demonstrated the importance of choice of law provisions in Independent Contractor Service Agreements (“ICSAs”) as they...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

BakerHostetler

Ninth Circuit Shows No Affinity for Independent Contractor Status in Delivery Drivers

BakerHostetler on

Delivering another blow to the independent contractor model, the Ninth Circuit Court of Appeals held this week that furniture delivery drivers for Affinity Logistics were employees under California law, not independent...more

Foley Hoag LLP

Out-of-State Workers May Bring Suit under Massachusetts Independent Contractor Statute

Foley Hoag LLP on

Last week, the Massachusetts Supreme Judicial Court (SJC) held that plaintiffs who live and work outside of Massachusetts for Massachusetts-based companies can sue for purported violations of Massachusetts’ independent...more

Burns & Levinson LLP

Beware of Choice of Law When Drafting Independent Contractor Agreements

Burns & Levinson LLP on

As we have previously posted in Choice of Law in a Contract Can Be Critical, Ensuring Your Dispute Is Resolved in the Forum You Want Is Not Always Easy, and Selection of Forum Other Than Massachusetts May Not Avoid Wage Act...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide