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Independent Contractors Employment Contract Employer Liability Issues

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 -
Williams Mullen

PODCAST: Williams Mullen's Benefits Companion - Employment Law Edition: The Latest on Non-Competes and Independent Contractors

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On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Laura Windsor, chair of Williams Mullen’s Labor, Employment and Immigration Section, who discusses two hot issues: non-competes and...more

Foster Garvey PC

New Protections for Freelancers Statewide Under the New York Freelance Isn’t Free Act

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Originally effective in New York City from May 15, 2017, the New York Freelance Isn’t Free Act will now expand its protections to freelance workers across the entire state, effective August 28, 2024. This updated legislation...more

Perkins Coie

Washington State Tightens Noncompete Restrictions

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Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6,...more

DRI

Non-Compete Clauses and Professional Liability

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Non-compete provisions have long been viewed by employers as reasonable and appropriate velvet handcuffs on departing employees and as an unfair burden on competition by the departing employees. The purpose of non-compete...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights, Issue 1, April 2024

Welcome to our first SuperVision e-newsletter of 2024. Although we are only four months into 2024, it has already been an incredibly active year on the labor and employment front. On Wednesday, the Federal Trade Commission...more

Baker Donelson

The End of Non-Competition Agreements? Not so Fast!

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The Federal Trade Commission (FTC) issued a final rule in a partisan 3-2 vote on April 23, 2024 prohibiting employers from binding most American workers to post-employment non-competition agreements (the "Final Rule")....more

ArentFox Schiff

Top 10 Legal Challenges for Employers

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With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

Seyfarth Shaw LLP

Amendments To Washington State’s Noncompete Statute Go Into Effect June 6, 2024

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Effective January 1, 2020, Washington enacted a noncompete statute which, among other things, required employers to satisfy notice obligations and compensation thresholds to use noncompete agreements with employees and...more

Balch & Bingham LLP

Four Steps Businesses Can Take To Prepare For Dept. Of Labor’s New Independent Contractor Rule

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Businesses across Mississippi and the nation should plan to comply with a new rule from the Department of Labor (DOL), set to take effect on March 11, 2024, revising the way in which employers analyze who is an employee and...more

Butler Snow LLP

Recent Case Breathes New Life into Old Law in South Carolina

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Introduction: Employers have long used independent contractors to efficiently and effectively perform work and provide services while at the same time insulating themselves from direct liability for the contractors’ conduct....more

Fenwick & West LLP

Startup Guide to Hiring and Terminations: Documenting Worker Relationships and Onboarding

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Once a startup has properly classified its worker, it should document its relationship with the worker in order to clearly identify the classification, compensation and benefits (e.g., base salary, bonus, commissions, equity,...more

Fisher Phillips

We Know What the NLRB Did Last Summer: 7 Recent Labor Board Moves That Could Haunt You This Fall and Beyond

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As fall creeps up on us — and you trade your beach days and barbeques for hayrides and horror flicks — don’t forget about all the activity from the National Labor Relations Board (NLRB) this past summer that could cause...more

Partridge Snow & Hahn LLP

Rhode Island Legislative Update

It is that time of year again, when the Rhode Island legislature ends its session and passes a number of laws that affect businesses with Rhode Island based employees. 2023 was no different. Following is a short summary of...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from June 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Troutman Pepper

Wide-Ranging New York Noncompete Law Awaits Governor's Signature

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Summary - On June 20, the New York State Legislature passed a bill prohibiting noncompetes. The bill currently awaits Governor Hochul’s signature. If signed into law, it will take effect just 30 days later, but will only...more

CDF Labor Law LLP

Written Contract Will Be Required For Many Independent Contractors And Freelance Workers In Los Angeles Starting July 1, 2023

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A new city ordinance in Los Angeles will take effect on July 1, 2023, which requires a written contract for many independent contractors and freelance workers who work in the city. This ordinance, known as the Freelance...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2023

New York, Minnesota and NLRB Act To Limit Noncompetes - New York Legislature Passes Bill To Ban Post-Employment Noncompetes - On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...more

Latham & Watkins LLP

New Minnesota Law Bans Most Post-Employment Non-Competes: 6 Key Takeaways

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Minnesota has enacted one of the strictest state non-compete laws in the US, banning almost all post-termination non-competes between employers and their employees and between employers and certain independent contractors...more

Epstein Becker & Green

10,000 Lakes and . . . No Noncompetes? Minnesota Passes Law Banning Non-Competes Effective July 1, 2023

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As expected, on May 24, 2023, Governor Tim Walz signed a new law banning noncompete agreements in Minnesota. The ban will be effective for such agreements entered on or after July 1, 2023....more

Bradley Arant Boult Cummings LLP

Not Interstate? You Must Arbitrate – Third Circuit Rules Uber Drivers Don’t Meet FAA Exception

Can you require your workers to arbitrate claims? What if they work in interstate commerce? Recently several courts have addressed the scope of the Federal Arbitration Act (FAA) and when it applies to arbitration agreements...more

Levenfeld Pearlstein, LLC

2023 Employment Law Checklist

Each year, LP’s Employment & Executive Compensation Practice Group is pleased to provide a short checklist of steps that all companies should consider taking to measure their readiness for the coming year. We hope that you...more

FordHarrison

The Top Five Employment Law Issues Employers May Face In 2023

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In this Legal Alert, we review some of the hot topics in employment law that employers should watch out for as we move forward into 2023. Legislative and regulatory developments affecting the workplace across the country are...more

Hogan Lovells

The Speak Out Act may require updates to pre-dispute employment agreements

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President Biden recently signed into law the Speak Out Act (S. 4524), which prohibits enforcement of pre-dispute nondisclosure and nondisparagement agreements in connection with sexual assault and sexual harassment disputes....more

Littler

Littler World Cup Matchups Part 7: Common Mistakes Made by Foreign Employers

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The final World Cup game is set for this Sunday, December 18. Over the past month we have been staging our own matchups, comparing labor and employment laws of participating countries....more

Fisher Phillips

FTC Sends Strong Antitrust Warning to Gig Economy Businesses

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The Federal Trade Commission just announced that it will put gig economy businesses in its crosshairs by cracking down on worker misclassification and other alleged antitrust misdeeds – the second such attack by the same...more

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