Independent Contractors 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

Independent Contractors for Global Organizations

As the global market grows seemingly smaller, more and more companies are expanding their reach around the world. Some companies send U.S. employees overseas, while others hire locally, or even utilize local independent...more

California Supreme Court Addresses Test for Independent Contractor Status and Class Certification of Independent Contractor...

Employers frequently struggle with determining when a service provider should be classified as an independent contractor, as opposed to an "employee." Getting the answer to that question wrong can prove significant in many...more

Two Colorado Supreme Court Decisions Address Independent Contractor Relationships

Companies using independent contractors should review their practices in light of two recent decisions from the Colorado Supreme Court: I.C.A.O. v. Softrock Geological Services, Inc. and Western Logistics, Inc. v. I.C.A.O....more

You Load 16 Tons, What Do You Get: A Worthless Franchise!

Despite the focus in recent years on the misclassification of employees as contractors, unfortunately, we continue to see numerous companies ranging from the Fortune 500 to startups make mistakes, albeit mostly unintentional,...more

Autodesk Audits: Managing Independent Contractors

Scott & Scott, LLP attorney, Keli Johnson Swan, covers three possible scenarios involving independent contractors that have different licensing implications in Autodesk audits....more

Passing AB 1897 Means Greater Liability for Employers Who Use Labor Contractors

The Issue: Today, many employers rely on labor contractors or temporary employment agencies to sustain their operations. Occasionally, however, labor contractors fail to comply with labor laws and regulations by failing to...more

New York Assembly Passes Bill Limiting Contractors’ Use Of Arbitration Provisions

On May 5, 2014, the New York Assembly passed a bill limiting the use of arbitration provisions for employment claims by businesses that contract with New York State. The bill would prohibit New York state agencies from...more

Focus on Nonprofit Employee Misclassification: Are Your Workers "Employees," "Volunteers" or "Contractors?"

In this presentation: - What’s in a Name: “Employee” vs. “Independent Contractor” – Federal rule – Varying state law interpretations – What about volunteers and interns? -Avenues of...more

Massachusetts Independent Contractor Law Survives Trade Association’s Challenge

The Massachusetts Independent Contractor statute, Mass. G.L. c. 149, § 148B, establishes a rigorous three-part test for determining whether a worker performing services for an employer may be considered an independent...more

Governor Quinn Signs Amendments to Illinois Employee Classification Act

On July 23, 2013, Governor Pat Quinn signed into law two separate measures that amended portions of the Illinois Employee Classification Act. That law, which was first enacted in 2008, penalizes contractors who perform either...more

Employee or Independent Contractor: Tips for Drafting Multinational Independent-Contractor Agreements

In our last two posts, we identified international legal implications of an independent-contractor relationship (Part One) and issues to consider before choosing an independent-contractor engagement (Part Two)....more

Court of Appeal Affirms Summary Judgment in Favor of Farmers Insurance on Independent Contract Issue

On July 11, 2013, the Second Appellate District in Beaumont-Jacques v. Farmers Group Inc. concluded as a matter of law that a worker’s ability to exercise meaningful discretion in her job-related efforts rendered her an...more

Burr Alert: Ground Control, LLC v. Capsco Industries, Inc., et. al.: Opening The Door To Claims By Unlicensed Contractors In...

The Mississippi Supreme Court, in a case of first impression, recently addressed claims for nonpayment by contractors performing work in the state in violation of Miss. Code Ann. Section 31-3-15, which requires contractors...more

New initiatives from the WSIB in 2013

The Workplace Safety and Insurance Board (“WSIB”) is in a state of flux, with many changes happening now and more on the horizon. In order to keep you up-to-date on the most recent workers’ compensation initiatives, this...more

New Tax Court Decision Highlights Need for Construction Contractors to Consider Expanded IRS Voluntary Worker Classification...

For years, the question of whether construction workers should be treated as employees or independent contractors has been an important issue that many contractors have overlooked or chosen to ignore. However, a recent U.S....more

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