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Independent Contractors Contractors Subcontractors

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 -
Goldberg Segalla

Rise of Transportation Contractors Leading to Complex Coverage Litigation

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The post-Covid influence over the “gig economy” has led to an expansion of self-employed or by-the-job employed individuals in the delivery and transportation industry. CDL jobs have proven they are not immune to this...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights - Issue 7, July 2023

Q&A with the Carolina Small Business Development Fund - We are fortunate to have connected with Kevin Dick, the President & CEO, and Emily Blevins, Marketing & Communications Director, of the Carolina Small Business...more

DirectEmployers Association

OFCCP Week In Review: June 2023 #2

Monday, June 5, 2023: Based on Either An Unannounced OFCCP Policy Change Or Error, OFCCP Published A CSAL Identifying 250 “Construction Contractors” For Audit - Via an email to stakeholders, OFCCP announced the publication...more

White and Williams LLP

Someone Who Hires an Independent Contractor May Still Be Liable, But Not in This Case

In Allstate Veh. & Prop. Ins. Co. v. Glitz Constr. Corp., 2023 N.Y. App. Div. LEXIS 1180, 2023 NY Slip Op 01171, the Supreme Court of New York, Appellate Division, Second Department (Appellate Court), considered whether a...more

Cranfill Sumner LLP

South Carolina Supreme Court Issues Landmark Decision Regarding Contract Workers

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The South Carolina Supreme Court recently issued a landmark decision, Keene v. CAN Holdings, LLC (August 11, 2021), narrowing the statutory employee doctrine and increasing the likelihood companies can be held liable in tort...more

Porter Hedges LLP

The Texas Supreme Court Clarifies The Scope Of The General Contractor’s Duty Of Care To Subcontractor Employees

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In a recent case, the Texas Supreme Court addressed the scope of the general contractor’s duty of care to its subcontractors’ employees on the project site. In JLB Builders, L.L.C. v. Hernandez, the Court upheld the trial...more

Fenwick & West LLP

Santa Clara County Updates Health Order to Require Businesses to Ascertain COVID-19 Vaccination Status of Personnel

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In connection with Santa Clara County’s move into California’s yellow COVID-19 tier, the state’s lowest pandemic restriction level under its tier system, the county’s health officer updated its Health Order, effective May 19,...more

Shutts & Bowen LLP

COVID-19 Stimulus Relief and the Construction Industry

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The $908 billion stimulus package (COVID-19 Relief Package 2.0) that was signed into law on December 27, 2020, which was attached to a $1.4 trillion spending bill to fund the federal government through September, was an...more

Littler

Fourth Circuit Decision Establishes New Six-Factor Test for Determining Joint Employment under the FLSA

Littler on

On January 25, 2017, the U.S. Court of Appeals for the Fourth Circuit established a new six-factor test to determine whether two or more entities are joint employers for purposes of the Fair Labor Standards Act (“FLSA”). ...more

Hinshaw & Culbertson LLP

Portion of Fair Pay and Safe Workplaces Executive Order Blocked

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On Tuesday of this week, a federal judge in Texas granted a nationwide preliminary injunction blocking the portions of President Obama's "Fair Pay and Safe Workplaces" Executive Order. That order, signed in 2014 and...more

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

Red Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors

On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act...more

Troutman Pepper

July 2014 Monthly Independent Contractor Compliance and Misclassification Update

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The leading development this month in the area of independent contractor compliance and misclassification is an Arizona case that deals with a commonplace event – but one that carries with it the potential for unanticipated...more

Burr & Forman

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

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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

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