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Independent Contractors Exemptions

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

Supreme Court of California Upholds Law Classifying App-Based Drivers as Independent Contractors

On July 25, 2024, the Supreme Court of California upheld a state law permitting ride-sharing apps to continue classifying their drivers as independent contractors, rather than employees. ...more

Ward and Smith, P.A.

New Year, (Potentially) New Rules?

Ward and Smith, P.A. on

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

Holland & Knight LLP

Massachusetts Food Delivery Drivers Not Exempt From Arbitration

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One issue that continues to be debated in state and federal courts is whether delivery drivers who deliver takeout food and other prepackaged goods from restaurants, delicatessens and convenience stores fall into the class of...more

Troutman Pepper

First Circuit Holds Antitrust Labor-Dispute Exemption Applies to Independent Contractors’ Protest Activities

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Q: Does federal antitrust law bar independent contractors from engaging in a group boycott to increase wages and alter conditions of employment?...more

Sheppard Mullin Richter & Hampton LLP

United States Supreme Court Rules Certain Airline Employees Exempt From Federal Arbitration Act

On June 6, 2022, a unanimous United States Supreme Court issued another key decision interpreting the Federal Arbitration Act (“FAA”) that will have a significant impact on certain employers going forward...more

Fisher Phillips

Snapshot on Healthcare Industry: February 2022

Fisher Phillips on

Welcome to FP Snapshot on Healthcare, where we take a quick look at some of the most significant current workplace law issues, including hot non-COVID-19 issues, with an emphasis on the practical impact of how they affect...more

Nossaman LLP

[Webinar] California Employment Law Update: What Employers Need to Know in 2022 - February 3rd, 11:00 am - 12:00 pm PT

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Please join our Employment Group on February 3, 2022 from 11:00 a.m. to 12:00 p.m. PT for a webinar covering significant new employment legislation in California, as well as case law developments and evolving COVID-19...more

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

AB 2257 Enacts Significant Changes to AB 5 on Classification of Workers as Independent Contractors

California’s statute governing the classification of independent contractors, enacted under Assembly Bill (AB) 5, underwent a significant renovation on September 4, 2020, when Governor Gavin Newsom signed AB 2257. The...more

Fisher Phillips

“Hedging Their Bets” – California Passes One-Year Extension On CCPA Employee Data Exemption

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Governor Newsom just signed legislation that will extend the California Consumer Privacy Act (CCPA) exemption for employee, job applicant, and independent contractor data for an additional year – until January 1, 2022....more

Littler

AB 5 Update: Newspaper Carriers Secure (Another) One-Year Exception

Littler on

As business owners and members of the labor and employment law community know all too well, California’s AB 5 went into effect on January 1 of this year.  The law imposed the “ABC test” for determining whether a worker should...more

Troutman Pepper

AB 2257: A Significant Expansion of California Independent Contractor Laws

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Q: What are the details of Assembly Bill (AB) 2257 and how does it change the way I utilize independent contractors? ...more

Stoel Rives - World of Employment

California Modifies the ABC Test – But It Doesn’t Really Help

Last year, California Governor Gavin Newsom signed Assembly Bill (“AB”) 5, which signaled a seismic shift in the way California employers classify workers as either independent contractors or employees.  On September 4, 2020,...more

Payne & Fears

Governor Signs Into Law Immediate Changes to Paid Sick Leave Requirements and AB5 Exemptions

Payne & Fears on

The majority of the employment-related bills that Governor Newsom will sign this year will not take effect until January 2021 or later. But Governor Newsom signed two significant, employment-related “trailer bills” this week...more

Epstein Becker & Green

#WorkforceWednesday: New AB5 Exemptions, EEOC COVID-19 Updates, Joint-Employer Rule Partially Struck Down - Employment Law This...

Epstein Becker & Green on

Welcome to #WorkforceWednesday! This week, worker classification and joint employment are in focus, as California amends AB5 and a federal judge rules on joint-employer liability. New AB5 Exemptions in CA (video attached) ...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

Fisher Phillips

Nibbling Around The Edges? California Continues To Make Changes To AB 5 And The ABC Test

Fisher Phillips on

A new law just went into effect that revises California’s test for determining whether a worker is considered an employee or an independent contractor, slicing off a number of various work arrangements from having to comply...more

Proskauer - California Employment Law

California Amends Independent Contractor Law (Again) – New Exemptions for Music Industry Workers, Freelance Writers and...

Last Friday, September 4, Governor Newsom signed AB 2257, which includes a slew of modifications to the now-infamous AB5, which went into effect this year and codified the strict ABC independent contractor test, which we have...more

Locke Lord LLP

AB2257: Not Much Better Than AB5 for Most Industries in California Using Independent Contractors

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Many independent contractors complained of dire consequences after Assembly Bill 5 (AB5) became effective in California on January 1, 2020. Following intense lobbying and public relations campaigns, independent contractors in...more

Sheppard Mullin Richter & Hampton LLP

Expanding Independent Contractors in California: New Law Awaits Governor’s Signature

As we have previously reported, California law utilizes the “ABC” test to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of...more

Womble Bond Dickinson

California Lawmakers Pass Slate of Privacy Legislation

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The California legislature recently passed a series of privacy-related bills that await Governor Gavin Newsom’s signature. Governor Newsom has until September 30th to sign these bills into law. The legislature in Sacramento...more

Fisher Phillips

It’s All-AB-5, All-The-Time, As The California Legislature Returns

Fisher Phillips on

After reviewing the 2,203 pieces of proposed legislation introduced in the California legislature by the February 21 deadline, it’s obvious that one issue will dominate debate in the 2020 session: the continued fallout from...more

Payne & Fears

AB5 Construction Exemption - A Checklist to Avoid Application of AB5's Three-Part Test

Payne & Fears on

Construction companies have a unique opportunity to avoid the application of the restrictive new independent contractors' law that took effect this year. This article provides a checklist that will help construction companies...more

Akin Gump Strauss Hauer & Feld LLP

Reminder: New California Employment Laws Going Into Effect January 1, 2020

• Numerous new California laws going into effect on January 1, 2020, will impact employers and employees. • The most significant laws include a new employee classification law, extension of the statute of limitations for...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

Nossaman LLP

[Webinar] ABC to AB 5: Changes to Independent Contractor Status in California - December 5th, 1:00 pm PT

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Join Maya Hamouie and Gabriela Pérez on December 5, 2019 for “ABC to AB 5: Changes to Independent Contractor Status in California.” This complimentary 60-minute webinar will explore how the recent Dynamex decision and...more

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