News & Analysis as of

Independent Contractors Disclosure Requirements

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 - Law and the Workplace

New York City Council Introduces Three New Bills Aimed at Non-Competes

Joining an emerging trend of legislative and regulatory hostility towards non-compete agreements, on February 28, 2024, the New York City Council introduced three new bills proposing restrictions on non-compete agreements in...more

Miles & Stockbridge P.C.

NLRB Tackles Employee Interrogations, Property Rights and More in December

Miles & Stockbridge P.C. on

The National Labor Relations Board issued a flurry of employee-friendly decisions last week, continuing its move away from the more employer-friendly rulings by the Trump Board and, in many cases, returning to or reaffirming,...more

Perkins Coie

Requirements for Engaging Musicians as Independent Contractors

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The Washington Employment Security Department (ESD) has recently been auditing Seattle restaurants, resorts, hotels, and nightclubs and claiming that, under Washington law, their musicians (such as solo artists, pianists, and...more

Holland & Knight LLP

California Expands Pay Data Reporting and Mandates Pay Scale Disclosures

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California Gov. Gavin Newsom signed Senate Bill (SB) 1162 on Sept. 27, 2022, to expand the requirements for annual pay data reports and requires covered employers to publish pay scales with job postings as well as to retain...more

Cooley LLP

Seattle Expands Protections for Independent Contractors

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Effective September 1, 2022, employers hiring independent contractors who perform services in Seattle must comply with the Independent Contractor Protections Ordinance. The ordinance requires covered hiring entities to...more

BakerHostetler

Seattle's New Independent Contractor Ordinance: Immediate Action Required

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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

Perkins Coie

Seattle’s New Independent Contractor Protections

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Seattle’s new Independent Contractor Protections Ordinance (the Ordinance) took effect on September 1, 2022. The law requires certain employers to provide independent contractors with disclosures both before entering a...more

Miller Nash LLP

Seattle Alert: New Independent Contractor Protections Go Into Effect September 1, 2022

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There are new regulations for businesses/hiring entities who engage with independent contractors (ICs) working in Seattle which go into effect September 1, 2022. The regulations require businesses to provide certain...more

Lewitt Hackman

Franchisor 101: Preemption Preempted

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Patel v. 7-Eleven, a case in Massachusetts, has been closely watched since the ABC test took hold of franchise relationships in employee misclassification cases across the country. A putative class of 7-Eleven franchisees...more

Cooley LLP

What about disclosure regarding gig workers?

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When, in August 2020, the SEC adopted a new requirement to discuss human capital as part of an overhaul of Reg S-K, the SEC applied a “principles-based” approach, limiting the requirement to a “description of the registrant’s...more

Rivkin Radler LLP

[Webinar] Lunch & Learn Series: Employment Issues for 2022 – COVID Vaccines and New Laws - February 10th, 12:00 pm - 1:00 pm ET

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Please join us as we discuss employment laws taking effect in 2022. John Diviney, a partner in the Employment & Labor Practice Group, will present the following topics: - COVID and Vaccine Rules/Updates - New York’s...more

Seyfarth Shaw LLP

City of Seattle’s “Independent Contractor Protections Ordinance” Will Go Into Effect September 2022

Seyfarth Shaw LLP on

Seyfarth Synopsis – On September 1, 2022, a City of Seattle ordinance will go into effect providing protections to persons and entities engaging as independent contractors within City limits. Overview of Ordinance On...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

Stradling Yocca Carlson & Rauth

Are Your Website and Mobile Application Compliant With Consumer Protection Laws?

In this client alert, I discuss two lawsuits that were recently filed by the District of Columbia Attorney General (“D.C. AG”) against food delivery company DoorDash and grocery delivery service Instacart.  In particular, I...more

Farella Braun + Martel LLP

California Employers Face Various New Laws in January 2021

The California Legislature passed and Governor Newsom signed several new laws covering topics ranging from COVID-19 to leaves of absence to data reporting. Most of these laws take effect January 1, so now is a good time for...more

Robins Kaplan LLP

Financial Daily Dose 8.18.2020 | Top Story: U.S. Further Restricts Huawei Access to American Components

Robins Kaplan LLP on

Another day, another major U.S. restriction on Chinese tech. The Commerce Department is out with new rules “curbing Huawei Technologies Co.’s access to foreign-made chips.” The measures would “prohibit non-U.S. companies from...more

Fisher Phillips

The California Legislature Is Back in Town! Which Pending Bills (and Executive Orders) Will Impact The Workplace?

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After returning from its hiatus on May 4, the California legislature has wasted no time in drafting a flurry of new bills which will affect employers in the aftermath of the state’s response to COVID-19. While the state...more

Morgan Lewis

New York Governor Proposes Significant Employment Law Updates in 2021 Budget

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In what has become a trend over the last few years, Governor Cuomo included multiple labor and employment law proposals in the budget that, if approved, would create significant new responsibilities for New York employers,...more

Farella Braun + Martel LLP

Are You Background Checking Your Contractors? If So, Exercise Caution.

Employers who use background checks in their hiring processes are likely aware of the various requirements under the Fair Credit Reporting Act (FCRA) and analogous state statutes. They must provide clear disclosures and...more

Pillsbury Winthrop Shaw Pittman LLP

From Home Sharing and Ride Sharing to Shareholding

Airbnb and Uber add support to revision of Rule 701 to dramatically expand availability of Rule 701 for equity grants by “gig economy” companies. Airbnb and Uber want the SEC to reform Rule 701 to permit equity issuances...more

Fisher Phillips

Expect Changes To New York Sexual Harassment Laws In 2018

Fisher Phillips on

Following national attention on the #metoo movement, New York Governor Andrew Cuomo announced plans as part of his State of the State address earlier this month to strengthen New York’s laws on sexual harassment in the...more

Littler

Return of the Living Dead: Could Unsuccessful California Bills Haunt Employers in 2018?

Littler on

As discussed in our prior article, Governor Jerry Brown recently signed several significant labor and employment measures into law in California, including a statewide ban-the-box provision and an expansion of parental leave...more

Perkins Coie

SEC Issues New Guidance to Help Companies Prepare CEO Pay Ratio Disclosures

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The Securities and Exchange Commission recently issued new guidance to help companies prepare their pay ratio disclosures that provides some relief for companies—and further validates that these rules are highly unlikely to...more

Orrick, Herrington & Sutcliffe LLP

SEC Relaxes Pay Ratio Rules to Facilitate 2018 Proxy Disclosures

On September 21, 2017, the Securities and Exchange Commission (SEC) issued an interpretive release and new/revised C&DIs to assist companies in their efforts to comply with the pay ratio disclosure requirement. The guidance...more

Akin Gump Strauss Hauer & Feld LLP

Updated SEC Guidance Emphasizes Flexibility in Complying with Pay Ratio Disclosure Rule

Beginning in 2018, U.S. public companies will generally need to comply with the pay ratio disclosure rule under the Dodd-Frank Wall Street Reform and Consumer Protection Act, which requires that each such company disclose the...more

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