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Independent Contractors Enforcement

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 -
Lippes Mathias LLP

New York Enacts New Requirements for Independent Contractor Relationships

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New York State recently enacted a new Article 44-A of the New York State General Business Law, known as the “Freelance Isn’t Free Act” (“Act”). Once it goes into effect on August 28, 2024, the Act will require individuals and...more

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

Davis Wright Tremaine LLP

FTC Commissioner Bedoya Signals Agency's Expansion Into Labor Matters

FTC Commissioner Alvaro Bedoya proposed expanding the agency's power under Section 5 of the FTC Act to situations where employers improperly classify workers as independent contractors. Section 5 of the FTC Act broadly...more

Ward and Smith, P.A.

New Year, (Potentially) New Rules?

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Sometimes, the only constant is change.  This New Year is no different.   In 2023, we saw several developments in labor and employment law, including federal and state court decisions, regulations, and administrative agency...more

Davis Wright Tremaine LLP

New York State to Require Written Agreements for Independent Contractors

Businesses in New York will soon need to provide written agreements to many "freelancers" under a new law recently signed by Governor Kathy Hochul. The "Freelance Isn't Free Act," which will become effective on May 20, 2024,...more

DirectEmployers Association

What Federal Contractors Need to Know About the OFCCP’s New Audit Scheduling Letter

DirectEmployers held a complimentary 90-minute fast-paced Webinar for the public and its Member Companies discussing OFCCP’s new and controversial audit Scheduling Letter for Supply & Service contractors. Because many of the...more

Kohrman Jackson & Krantz LLP

Gig Workers Now Protected in Columbus, Ohio

The City of Columbus, Ohio, has enacted a new code conferring legal rights to gig workers, also known generally as freelance workers. Freelance workers now constitute almost forty percent of the national workforce. The...more

Holland & Hart LLP

Minnesota Reforms Law to Ban (Almost) All Noncompete Agreements

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Agreements not to compete have existed as part of the common law for hundreds of years.1 These restraining agreements are designed to reduce economic harm to an employer when a “key” employee departs and are often required at...more

Littler

Breathing Room for Employers as Court Enjoins Enforcement of California Privacy Rights Act Regulations

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On June 30, 2023, a California court enjoined until March 29, 2024, enforcement of the final regulations implementing the California Privacy Rights Act (CPRA). Importantly for employers, this ruling prevents enforcement of...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

DarrowEverett LLP

The Show Must Go On: Entertainer-Employee Classification Takes Center Stage for Venues

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It’s spring 2023, live entertainment is back, and perhaps so is the Internal Revenue Service (“IRS”). The Inflation Reduction Act, signed into law on August 16, 2022, authorizes $80 billion in funding for the IRS over the...more

Foley & Lardner LLP

Common Diligence Issues for Startup and Emerging Technology Companies

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As an emerging or startup technology company seeking funding, your focus is likely on your product - it is the core of your business. That being said, how you protect your technology and set up the company that owns it can be...more

Foley & Lardner LLP

What’s Old is New Again: The DOL’s “New” Proposed Rule on Independent Contractors Returns to a Pre-Trump Test for Worker...

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On October 11, the Department of Labor (DOL) announced a proposed rule that would replace the Trump administration’s worker classification test, and may make it more difficult to classify workers as independent contractors. ...more

McDermott Will & Emery

Recent Treasury Department Report Emphasizes Fostering Competition in Labor Markets

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Continuing the recent string of actions across the Biden administration in response to the July 2021 Executive Order on “Promoting Competition in the American Economy,” on March 7, 2022, the US Treasury Department (Treasury)...more

Foley & Lardner LLP

US Department of Labor to Hire 100 New Investigators in the Wage and Hour Division, Signaling Increased Focus on Enforcement

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The U.S. Department of Labor (DOL) recently announced its intention to hire 100 new investigators in its Wage and Hour Division. Currently at is lowest staffing levels in over a decade, the division oversees the enforcement...more

Fenwick & West LLP

Happy New Year, California: New California Employment Laws Effective January 1, 2022

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Governor Gavin Newsom recently signed a slew of new bills into law at the close of California’s legislative season. Below is a summary of the new employment laws, all of which take effect on January 1, 2022....more

Fox Rothschild LLP

New Jersey Management-Side Lawyers Bemoan Latest Legislative Attacks On The Business Community Over Independent Contractor...

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I have written a few times on the new, very aggressive, enforcement measures that the New Jersey legislature has recently taken on the issue of misclassification. On this troubling note, I just read an article where other...more

Mintz - Employment Viewpoints

NYCCHR Releases Updated Fair Chance Act Guidance Ahead of Important Changes

The NYC Commission on Human Rights (the Commission) has released updated enforcement guidance regarding the Fair Chance Act. New York City amended the Fair Chance Act last year and those changes will go into effect on July...more

Genova Burns LLC

New Jersey Enacts Higher Penalties for Employee Misclassification

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On July 8, 2021, Governor Phil Murphy signed three bills into law that continue to raise the stakes for employers that misclassify employees as independent contractors. With these changes, businesses that operate in New...more

Williams Mullen

[Webinar] Employment Law 2021: Minimizing Risk in a New Enforcement Environment - April 7th, 11:00 am - 11:30 am ET

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Join us for a discussion of the following hot topics: - Anticipated push at the federal and state level for expanded civil rights laws, including gender identity and sexual orientation and the enforcement of the new...more

Perkins Coie

California’s Independent Contractor/Employee Determination: New Legislative Changes to the ABC Test

Perkins Coie on

The “ABC test” now used in California to make determinations regarding the validity of independent contractor classifications initially was adopted by the California Supreme Court in Dynamex Operations W. v. Superior Court, 4...more

Genova Burns LLC

NJDOL Report Forecasts Aggressive Enforcement Action On Independent Contractor Misclassification

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The New Jersey Department of Labor and Workforce Development earlier this month released the report of the Governor’s Task Force on Employee Misclassification. The Governor’s Task Force was assembled over one year ago to make...more

Bradley Arant Boult Cummings LLP

Drivers on the Go Say No to Arbitration in Wage Lawsuit - Labor & Employment Newsletter

Arbitration provisions in employment contracts are not unusual. So when GrubHub, a fast-food delivery service, was sued by drivers for violating wage laws it filed a motion to enforce the arbitration clause in its service...more

Verrill

New Massachusetts Noncompetition Act: What Employers Need To Know

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Massachusetts recently enacted a new statute that significantly changes the treatment of noncompetition agreements under Massachusetts law. The Massachusetts Noncompetition Agreement Act (the “Act”) is effective October 1,...more

Pullman & Comley - Labor, Employment and...

The Electrician Is An Independent Contractor; The Uber Driver Isn’t

When I talk to businesspeople about the legal differences between employees and independent contractors, I often offer the electrician who comes to the office to fix a wiring problem as the paradigmatic independent...more

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