Independent Contractors Employment Contract

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

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

FedEx Drivers: Employees or Independent Contractors? The Ninth Circuit Weighs in on California’s Murky “Right-to-Control” Test

In a closely watched case last year, the Ninth Circuit ruled that FedEx’s drivers are employees—not independent contractors—as a matter of law under California’s “right-to-control” test. Alexander v. FedEx Ground Package...more

Uber Suffers Another Independent Contractor Misclassification Setback in California

Uber has not fared well in court battles recently. After losing an unemployment case last month in Florida, it has now just lost an independent contractor misclassification wage case in California. This loss in California...more

Structure Your Start-up For Fundraising Success - Part Four: Sign up your employees and contractors

If you’ve determined that your new venture is going to require outside investment, there are a number of things you can do to make your company more attractive to investors...more

Fenwick Employment Brief - March 2015

Recent Cases Provide Helpful Reminders Regarding Best Practices (and Pitfalls) with Employment Arbitration Clauses - Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and...more

California Employment Law Notes - January 2015

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award - State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc). Angela Aguilar who worked in a copper mine...more

2015 Labor & Employment Law Update for California Employers

The California Legislature enacted a number of new bills that become effective in 2015. Among the most significant are the following...more

Fifth Circuit Hands Down Mixed Ruling on Validity of Later-Added Arbitration Clause

Employers must always be careful when adding an arbitration clause to an existing employment agreement. The amendment process becomes even trickier when the employment relationship is governed by multiple documents.That was...more

Fenwick Employment Brief - July 2014

California Employees Can Waive Class Claims In An Arbitration Agreement, But Not PAGA Claims - Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held in...more

Secondment Guessing?

Often, it makes practical sense to send an experienced worker from his/her home country to another country rather than engage an independent contractor or hire a new employee in that destination country. This is precisely...more

Yours, Mine, or Ours? Avoiding Joint Employer and Contractor Misclassification

Companies are increasingly using subcontractors, temporary staffing agencies, leased employees, and independent contractors to supplement or, sometimes, replace their regular workforces....more

Recent Decision by Massachusetts’ Highest Court Removes Barriers to Wage Claims

This week, the Massachusetts Supreme Judicial Court (SJC) issued a decision that makes it easier to bring lawsuits under the Massachusetts Wage Act. In Depianti v. Jan-Pro Franchising International, Inc., the SJC held that a...more

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

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

FCA Provides Guidance On Role Of Intent In Determining Status Of Worker

The role of intent in the determination of whether a worker is an employee or independent contractor has taken on greater significance in the last decade or so. However, despite a series of decisions on the issue from the Tax...more

Massachusetts Court Issues Important Ruling on Releases of Wage Act Claims

The Massachusetts Supreme Judicial Court (SJC) this week issued an important decision addressing whether agreements containing general releases are sufficient to bar claims brought by employees under the Massachusetts Wage...more

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