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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 -

Avoid the Pitfalls of NYC Freelancer Law

by Jones Day on

New York City's Freelance Isn't Free Act ("Act") took effect on May 15, 2017, and applies to any freelance contracts or agreements entered into on or after that date. The Act requires all agreements for freelance work of a...more

First Circuit Finds Class of Independent Truckers Excluded From Federal Arbitration Act

The Federal Arbitration Act has been in effect for nearly 100 years (92, to be precise). Nevertheless, the First Circuit found two issues of first impression to address this month. In Oliveira v. New Prime, Inc., 2017 WL...more

Managing the Employment Relationship in Ontario

by Dickinson Wright on

What state-specific laws govern the employment relationship? The Employment Standards Act, 2000, sets out most of the minimum employment standards for provincially regulated workplaces in Ontario....more

February 2017: The 12 Biggest Labor And Employment Law Stories

by Fisher Phillips on

The world of labor and employment law is always evolving at a rapid pace, leading us to summarize a few of the most significant cases from the previous month. February 2017 was another month that saw dramatic developments,...more

Gig Economy — Bike Couriers Set the Wheels in Motion on Workers Benefits

by Seyfarth Shaw LLP on

‘Gig’ economy: Latest developments - In a further challenge by a worker in the ‘gig’ economy, an Employment Tribunal has ruled that a cycle courier was a ‘worker’ and qualified for various employment protections. The...more

Puerto Rico Issues Comprehensive Labor Law Reform

by 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

Open for Business: Puerto Rico Enacts Sweeping Labor Reform

by Morgan Lewis on

Employer-friendly revisions to attract new businesses and facilitate operations for existing enterprises signals a new era of labor flexibility in Puerto Rico. On January 26, 2017, weeks after being sworn in as the...more

Puerto Rico Approves Major Reform of its Employment Laws

by Littler on

On January 26, 2017, the Governor of Puerto Rico approved the Labor Transformation and Flexibility Act (“the Act"). The Act makes substantial changes to virtually all existing Puerto Rico employment laws, including those...more

CitySprint courier delivered employee status by employment tribunal

by Dentons on

In another case focusing on the gig economy, the London Central Employment Tribunal has ruled that a CitySprint bike courier was a worker under the Employment Rights Act 1996. In Dewhurst v CitySprint UK Ltd, the...more

Charting the Future: What’s Coming in 2017 in California Employment Law?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: 2016 brought a wave of new protections for California employees and scant protection for employers. In this week’s post, we anticipate changes for 2017, in the ever-peculiar world of California employment...more

Uber and IC Misclassification in New York: The Other Shoe May Be Dropping

by Pepper Hamilton LLP on

The New York Times today reported that the New York State Department of Labor has found two Uber drivers as eligible for unemployment benefits after having rejected the company’s argument that the drivers are independent...more

Attention, Businesses! Federal Law Provides New Tools for Protecting Your Trade Secrets

by Lane Powell PC on

Your business’s formula for success may not be akin to a recipe for a secret sauce. But it is likely that you do not want to share with your direct competitors the unique business methods you have developed over time or your...more

Paying for software development? Make sure you own it!

by Butler Snow LLP on

In a digital society dominated by the saying, “there’s an app for that,” copyright protection is essential. Paying to have a work created does not automatically vest ownership of the copyright in the paying party. When making...more

Implementing the Whistleblower Immunity Notice Provision under the Recently-Enacted Federal Defend Trade Secrets Act

The Defend Trade Secrets Act, signed into law on May 11, 2016, includes a whistleblower immunity notice provision. An employer that wants to preserve maximum recoveries for misappropriation against an employee should take...more

UPDATE: Federal Defend Trade Secrets Act Signed Into Law; Employers May Need to Notify Employees

After overwhelming passage in both the House and Senate, President Obama signed the Defend Trade Secrets Act into law on April 11, 2016. The Act provides a truly uniform, nationwide set of standards for protecting trade...more

Canadian Employment News Series - January 2016: Top 10 Canadian Employment Law Cases of 2015

by DLA Piper on

With 2015 now behind us and our sights set on 2016, we have compiled the following list of ten significant Canadian employment law cases from 2015. This roundup is a cross-section of decisions from across the country,...more

Roosters and Ducks: The High Court Rules on the Sham Contracting Provisions

by DLA Piper on

Sham contracting protections do extend to triangular arrangements where employees are purportedly engaged as independent contractors via a third party such as a labour hire provider. The High Court in Fair Work Ombudsman v...more

Business Litigation Reporter October 2015

by Goodwin on

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

[Event] Labor & Employment Law Update & Happy Hour - Oct. 22nd, San Diego, CA

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments...more

Don’t Throw the Class Waiver Baby Out with the Arbitration Agreement Bathwater

by Seyfarth Shaw LLP on

Sound advice that the world has lived with since 1512…until recently flushed by the Ninth Circuit. Not so quick to discard 500 years of wisdom, however, the Supreme Court has agreed to consider whether this idiom will rest in...more

[Event] Labor & Employment Law Update & Happy Hour - Oct. 15th, Los Angeles, CA

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments...more

In Battle Over Employment Compensation, Second Circuit Affirms District Court Decision To Deny Arbitration

by Carlton Fields on

On interlocutory appeal, the Second Circuit affirmed a district court decision denying arbitration because a later-signed compensation agreement did not retroactively apply as it contravened the intent of a prior independent...more

[Event] Labor & Employment Law Update & Happy Hour - Oct. 7, Palo Alto, CA

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments...more

[Event] Labor & Employment Law Update & Happy Hour - Sept. 24th, San Francisco, CA

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments...more

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

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