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Independent Contractors Full-Time Employees

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 -
Stoel Rives - World of Employment

Oregon Supreme Court Enforces Employment Arbitration Agreement

Oregon employers that require arbitration for employment-related disputes recently received some good news from the Oregon Supreme Court.  In Gist v. ZoAn Management, Inc., the Court rejected the plaintiff’s argument that his...more

Fox Rothschild LLP

The PPP Loan Process: How To Fix Mistakes Before It Is Too Late

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Paycheck Protection Program (PPP) loans were designed to help small businesses cover explicit allowable expenses during the COVID-19 pandemic. There are various eligibility requirements that businesses must satisfy before...more

Fox Rothschild LLP

URGENT: September 1 Deadline Looms For North Carolina Job Retention Grant Program

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Businesses and nonprofit organizations that experienced interruptions due to the COVID-19 pandemic may be eligible for relief funds through the North Carolina Department of Commerce and the Economic Investment Committee’s Job...more

Hinshaw & Culbertson LLP

SBA and Treasury Provide PPP Loan Forgiveness Applications

Last month, the U.S. Treasury and the Small Business Administration (SBA) released two Paycheck Protection Program (PPP) loan forgiveness applications. The first was a new EZ PPP loan forgiveness application with instructions...more

Fenwick & West LLP

Is My New Hire an Employee or a Contractor? Key Factors for Startups to Consider

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Is My New Hire an Employee or a Contractor? Key Factors for Startups to Consider Employee or contractor? It can be a confusing question that startups often grapple with, or ignore, as they grow. In this video, Fenwick...more

Fisher Phillips

Summary Of Post-Trial Briefs Filed In Grubhub Misclassification Case

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The parties in the Grubhub misclassification case are back in court on Monday, October 30, delivering their final closing arguments to the judge. We’ve written about the trial extensively. To sum it up, though: a former...more

Fisher Phillips

IT Companies and the Uber-ization of the Workforce

Fisher Phillips on

With the rise of the gig economy, IT companies are taking the approach many employers in the gig economy have taken in structuring their workforce. In an industry where full-time and part-time employees cohabit in the same...more

Littler

Canada: Ontario Government's Proposed Legislation to "Create Fairer and Better Workplaces" Includes $15 Minimum Wage and Equal Pay...

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On May 30, 2017, the Ontario government issued its response to a Final Report recently released by two Special Advisors as part of their Changing Workplaces Review. This Report included 173 recommendations for amendments to...more

McNees Wallace & Nurick LLC

Pittsburgh Paid Sick Leave Act Goes Into Effect January 11, 2016

The City of Pittsburgh recently became the second city in Pennsylvania to enact a paid sick leave law, with Mayor William Peduto signing the Paid Sick Days Act into law on August 13, 2015.  While the Act is facing legal...more

Troutman Pepper

New Independent Contractor Misclassification Study Is Belied By Government Report and Disregards the Legitimate Use of Independent...

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The Economic Policy Institute, a respected nonprofit, nonpartisan think tank, has just released a working paper authored by a respected professor who co-authored a number of early academic studies detailing independent...more

Troutman Pepper

New GAO Report on Contingent Workforce Shows 85% of Independent Contractors Are “Content with Their Employment Type”

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A comprehensive government report on the contingent workforce made public two days ago revealed surprising data about independent contractors, finding that 85% of independent contractors “appeared content with their...more

Littler

The Affordable Care Act and Staffing: One Size Does Not Fit All

Littler on

Since its enactment in 2010, the Affordable Care Act (ACA) has generated debate and questions about the law's impact on third-party staffing arrangements. With the effective date of the ACA's "pay-or-play" employer mandate...more

JAMS

An Employee is an Employee is an Employee: Alexander v. FedEx Ground

JAMS on

In the 1920s, author Gertrude Stein famously said, “A rose is a rose is a rose.” In light of Alexander v. FedEx Ground, that phrase could just as well be: an employee is an employee is an employee. Alexander is one of many...more

Pullman & Comley - Labor, Employment and...

Employee or Independent Contractor? A Change in the Ground Rules at FedEx Ground

I’ll bet you assume that the hard-working driver who delivers your packages and letters shipped by Federal Express is a FedEx employee. After all, he or she wears a FedEx uniform, drives a FedEx truck, uses a FedEx handheld...more

Stoel Rives LLP

9th Cir. Finds FedEx Delivery Drivers Are Employees, Not Contractors

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Last week, the 9th Circuit held in two related cases from California and Oregon that FedEx misclassified approximately 2,600 delivery truck drivers as independent contractors, rather than as employees. The cases—Alexander v....more

Fisher Phillips

Are You Too Cozy With Your Independent Contractors?

Fisher Phillips on

January 1, 2015 is fast approaching, and with it, the first year the employer mandate applies to employers with 100 or more full-time employees (50 in 2016) – the “Play or Pay” rules. In preparation for this new law,...more

Poyner Spruill LLP

Employers’ New Year’s Resolution: Review Employee v. Independent Contractor Classifications

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As we enter 2014, employers should take the opportunity to review their classifications of employees and independent contractors to ensure they do not run afoul of the many overlapping statutes and regulations in this area....more

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

New York Partners With The U.S. Department Of Labor To Combat Worker Misclassification

On November 18, 2013, New York State announced that it is teaming with the U.S. Department of Labor (U.S. DOL) to protect employees against misclassification as independent contractors or other nonemployee statuses. Officials...more

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

Independent Contractor or Employee: How Some Countries Differ

In this series of blog posts, we have examined the use of independent-contractor relationships by multinational organizations. In our last three posts, we identified issues for global entities that are considering using...more

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

Misclassification of Employees as Independent Contractors Will Remain a Top Priority Under New U.S. Secretary of Labor

The new head of the U.S. Department of Labor (DOL) will emphasize independent contractor misclassification as a top priority. Speaking this morning at a panel discussion in Chicago hosted by the American Bar...more

Hinshaw & Culbertson LLP

Strippers’ Suit Alleges They Are Employees, Not Independent Contractors

In a purported class action, Jessica Mason et al. v. Fantasy LLC et al., five adult dancers have sued the Fantasy Gentlemen’s Club in Colorado federal court for misclassifying them as independent contractors, alleging they...more

Holland & Knight LLP

Employment Classification Lessons Learned From Scantland v. Jeffry Knight Inc.

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A recent Eleventh U.S. Circuit Court of Appeals decision issued a strong admonition to employers: the misclassification of workers as independent contractors rather than employees may have serious financial and operational...more

Buchalter

California Trucking and Shipping Companies Must Evaluate Owner/Operator Relationships in Light of Los Angeles Superior Court...

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Trucking companies that operate in California and also utilize independent contractor “owner-operators” to ship goods throughout the country must re-evaluate whether or not the contractors are misclassified in light of the...more

Gray Reed

Federal Agencies Go After “Misclassified” Landmen

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Are your landmen independent contractors? Are they employees? What do they look like to the government?...more

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

California Agencies Don’t Get Two Bites At The Apple When It Comes To Misclassification

Happy Nails & Spa of Fashion Valley, LP, v. Julie Su, No. D060621 (July 19, 2013): A California Court of Appeal recently held that an employer does not have to relitigate the issue of whether the workers at its facilities are...more

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