News & Analysis as of

Independent Contractors Discrimination Retaliation

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 -
Littler

Littler Lightbulb: August Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Paul Hastings LLP

New York Amends Law Affecting Settlements of Discrimination, Harassment, and Retaliation Claims

Paul Hastings LLP on

On November 17, 2023, New York Governor Kathy Hochul signed Bill S4516 into law, which amends the requirements for non-disclosure and non-disparagement provisions in certain settlement agreements. Previously, New York law...more

Bradley Arant Boult Cummings LLP

Plaintiff Gets Second Serve: 2nd Circuit Clarifies Joint Employer Test and Allows Security Guard to Amend Complaint

There has been a lot of discussion over the last few years about the joint employer test for liability under employment statutes. Whether it be Uber drivers in California or the back and forth over the Trump administration’s...more

Tonkon Torp LLP

Update On Proposed Oregon Legislation – What Employers Need To Know

Tonkon Torp LLP on

For this second installment in our legislative update series we have a status report on the employment-related bills discussed in our previous alert, as well as a survey of the bills that have since been introduced related to...more

K&L Gates LLP

Oregon Employment Legislation to Keep an Eye on This Year

K&L Gates LLP on

As the Oregon 2021 legislative session gets underway, there are several bills that, if passed, would have a significant impact on the employment landscape: lowering burden of proof requirements for employees bringing claims...more

Tonkon Torp LLP

What The 2021 Oregon Legislature Has In Store For Employment Law

Tonkon Torp LLP on

The Oregon Legislature has now begun to meet for the 2021 Regular Session. We want to make you aware of a number of interesting bills which could impact the employment arena. It is too early to know which of these, if any,...more

Best Best & Krieger LLP

Best in Law: New 2020 Laws for Employers

Partner Joseph Ortiz Discusses Changes in the Southern California Newspaper Group - For California employers, 2020 brings sweeping changes to equalize the workplace. This playbook of new employment laws — aimed at...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

FordHarrison on

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Manatt, Phelps & Phillips, LLP

Employment Law - September 2015

From the California Legislature: New Employment Laws, Bills Set for Signature: Why it matters - The California Legislature has been busy with employment-related bills, passing measures to provide additional...more

Proskauer - California Employment Law

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

Parker Poe Adams & Bernstein LLP

EEOC Loses Argument That Company Converting Employees to Contractors Cannot Require Release of Pending Discrimination Claims

Over the past several years, the Equal Employment Opportunity Commission has filed several high profile lawsuits accusing employers of retaliating against employees by requiring them to waive discrimination claims in return...more

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

California Legislation 2014

California Governor Jerry Brown has signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On September 10, 2014,...more

Stoel Rives LLP

Washington Court of Appeals Holds Independent Contractors Are Protected from Retaliation by the Washington Law Against...

Stoel Rives LLP on

The Washington courts are strict in their interpretation of the classification of individuals as employees versus independent contractors, resulting in many an employer discovering that an “independent contractor” is instead...more

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