Independent Contractors

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

Torts – Premises Liability

Al Khosh v. Staples Construction Company, Inc. - Court of Appeal, Sixth Appellate District (October 26, 2016) - Under Privette v. Superior Court (1993) 5 Cal.4th 689, an employee of an independent contractor...more

Post No Bills? Employers Have To Post Plenty!

This year is ending with quite a few changes in various federal workplace posters. To ensure that employers, especially federal contractors, have kept up with the required changes, here is a summary: - Federal 6-in-1...more

November 2016 Independent Contractor Misclassification and Compliance News Update

Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more

Need to Know: Recent and Upcoming Changes to the UK’s Employment Law Landscape

New legislation due to come into force in April 2017 requiring employers to publish details of their average pay for men and women - New Gender Pay Gap Reporting obligations are expected to come into force in April 2017....more

Handy Proposal May Solve Sharing Economy Business Woes

As startups from Silicon Valley to Silicon Forest continue to flood the market with competing on-demand service platforms “staffed” with independent workers, these same businesses – implementing one of the most disruptive,...more

MoFo New York Tax Insights - Volume 7, Issue 12

NYC ALJ Holds That Consulting Firm May Source Receipts Based on Location of Independent Contractors - The nature of the services performed by a corporation, and how that corporation should source its receipts from those...more

Uber Drivers Are Workers, Not Self-Employed Contractors

In the case of Aslam and others v Uber BV ET/2202550/15, the Employment Tribunal considered the employment status of Uber drivers. Uber drivers brought a claim in the Employment Tribunal, alleging that they were workers,...more

NYC Employment News: First-of-Its-Kind Freelance Rights Bill Becomes Law

As the gig economy continues to surge throughout the United States, New York City has emerged as one of the first municipalities to protect freelance workers. The New York City Council recently passed the Freelance Isn’t Free...more

What Employers May Expect with Trump in Office

This installment of our ongoing series prognosticating about the new Presidential administration focuses on the regulatory environment employers may face. President-elect Trump has promised to revoke a number of the more...more

New York City Enacts First-of-Its-Kind Law to Protect Freelance Workers

On November 16, 2016, New York City Mayor Bill de Blasio signed Int. No. 1017-C, known as the Freelance Isn’t Free Act (“Act”), which establishes protections for the estimated 1.3 million independent workers in New York City....more

Your Own Agreements Can Be Your Worst Enemy in IC Misclassification Cases

Companies that use independent contractors (ICs) typically require ICs to sign a contractor agreement prepared by the company. But, if it is drafted like the one reviewed in late September by the U.S. Court of Appeals for the...more

New York City Legislation Protecting Gig Workers Heads to Mayor’s Desk

On October 27, 2016, the New York City Council passed legislation that would establish protections for freelance workers. “Establishing protections for freelance workers” (Int 1017-2015) protects independent contractors’...more

New York City Passes Freelancer Wage Protection Law

Hiring parties should review their current contracts with freelance workers in New York City to ensure compliance with the new bill. The New York City Council has passed, and Mayor Bill de Blasio has signed, a bill with...more

Defenses Payroll Tax Fraud

Prosecution for payroll tax fraud is a high priority for the IRS and Department of Justice. Payroll tax fraud occurs in several manners, including false worker classification as independent contractors, understatement of...more

New York City Extends Wage Theft Protection to Independent Contractors

New York City has become the first jurisdiction nationally to extend wage theft protections to independent contractors. On November 16, 2016, Mayor Bill de Blasio signed into law the "Freelance Isn't Free Act." FIFA imposes...more

Uber Drivers and Car Accidents | Auto Accident Attorney

A Ridesharing Auto Accident Can be Uber Complicated: What You Need to Know Before and After One. Uber, Lyft, and other rideshare apps continue to grow more popular throughout Arizona and the world. Requesting an Uber...more

On Demand and In Control: How the Gig Economy Offers Women an Option Beyond Leaning In or Out

For women, if you’re not leaning in at work, you’re leaning out, which could prove a career mistake (a concept introduced by Facebook’s Sheryl Sandberg). But if you’re leaning in, some women feel that they might tip over as...more

Freelancers in New York City Get Wage Protections

A written contract, payment within 30 days, and statutory damages for non-payment of wages are among the provisions of New York City’s new freelancer protection law signed by Mayor Bill de Blasio on November 16, 2016. The law...more

Businesses Everywhere Take Note: NYC Independent Contractor Law Will Have Impact Well Beyond the City

Regardless of where a company is headquartered, it likely contracts with one or more independent contractors who live or work in New York City. If your company does so, take note. On November 16, 2016, Mayor de Blasio signed...more

Disrupting the Disruptors: Expensive News for App-based "Gig Economy" as Uber Loses Drivers' Claim

We consider the impact of the U.K. employment tribunal's decision in Aslam and others v Uber BV and others 2202550/2015 and others, including: the status of the drivers; the rights they can now enforce against Uber; and the...more

Labor & Employment Hot Topics Impacting the Construction Industry

A number of employment-related developments are likely to impact the construction industry. This article is intended to briefly summarize some of these developments....more

New York’s Highest Court Rules that Yoga Instructors are Independent Contractors: But Can Other Employers Hold that Pose?

The New York State Court of Appeals and New York City recently provided additional guidance for – and imposed additional requirements on – New York employers that use independent contractors. In In re Yoga Vida NYC, Inc....more

SEC Staff Issues Guidance on Pay Ratio Disclosure Rules

The staff of the Securities and Exchange Commission’s Division of Corporation Finance (the staff) issued new compliance and disclosure interpretations (C&DIs) on October 18, 2016, providing guidance to companies preparing to...more

Payroll Get Ready — Employers Face New January 31st Filing Deadline for W-2 and 1099-MISC Forms

In Depth - Beginning with W-2 forms filed with respect to 2016 wages, a new law requires employers to file the government copy by January 31, 2017, for both paper and electronic copies. The accelerated deadline also...more

“Freelance Isn’t Free” Says the New York City Council

Seyfarth Synopsis: The “Freelance Isn’t Free Act,” passed by the New York City Council on October 28, 2016 requires, among other things, a written contract for services between a hiring party and a freelance worker in most...more

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