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Independent Contractors General 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 -
Smith Debnam Narron Drake Saintsing & Myers,...

Navigating the USDOL’s 2024 New Rule: Guidance for General Contractors and Commercial Construction Developers

On January 10, 2024, the United States Department of Labor released the Employee or Independent Contractor Classification Under the Fair Labor Standards Act Final Rule. The purpose and effect of the Final Rule is to revise...more

Saiber LLC

The Saiber Construction Law Column: February 2024

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In the April 2023 OnSite issue, the Saiber Construction Law Column discussed a 2022 case in which the Supreme Court of Maryland held that a party who hires an independent contractor is generally not liable to an employee of...more

Stoel Rives -  Ahead of Schedule

A Case in How to Delegate and Avoid Landowner Liability for Contractor Employees

In a case of first impression in Washington, the Washington State Supreme Court held that a landowner may satisfy its duty to guard an invitee “against known or obvious dangers on the premises by delegating the duty of...more

Saiber LLC

The Saiber Construction Law Column: April 2023

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Under New Jersey law, parties who hire independent contractor are not responsible for harm that occurs to the contractor’s employees as a result of the very work that the employee was hired to perform. In September 2022, the...more

Fox Rothschild LLP

NY Amends Proposed Construction Industry Wage Law, But Burden On Contractors Remains

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New York appears poised to enact a modified version of legislation that would create potential liability for general contractors when their subcontractors fail to properly pay their employees. As noted in our prior...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2020

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ADDITIONAL AND NAMED INSUREDS/PRIORITY- Court Rules “C/O” Company In Contract Not An Additional Insured- A construction worker sued Blue Woods Management Group, Inc. alleging that he was injured while working... ...more

Payne & Fears

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

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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

McNees Wallace & Nurick LLC

PA School Districts Given the Green Light to Exceed Mandates of PA School Code on Background Checks for Contractors

A recent decision from Pennsylvania’s Commonwealth Court is likely to result in additional burdens on construction firms working with Pennsylvania school districts. In an already tight labor market, the court’s decision in...more

Snell & Wilmer

The Brave New World of Determining Independent Contractors in California

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California's Governor has signed into law a bill passed by the legislature amending Section 3351 of, and adding Section 2750.3 to the Labor Code and amending Section 606.5 and 621 of the Unemployment Insurance Code relating...more

McAfee & Taft

Department of Labor withdraws joint employer guidance

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A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most...more

Williams Mullen

Money, Dirt and Steel: Spring 2017

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When Are Your Subcontractor's Employees Your Employees? In January, the Fourth Circuit Court of Appeals entered its decision in Salinas v. Commercial Interiors, Inc., ruling that a contractor and its subcontractor can be...more

McAfee & Taft

Are you a joint employer?

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Are you an employer who uses temporary employees, staffing agencies or independent contractors? Use of such contingent or contract workers is not unusual and may be necessary for your operations. If you are in that...more

Haight Brown & Bonesteel LLP

Exceptions to Privette Doctrine Do Not Apply Where There is No Evidence a General Contractor Affirmatively Contributed to the...

The Court of Appeal of the State of California – Second Appellate District in Khosh v. Staples Construction Company, Inc. (10/26/16 – Case No. B268937) affirmed the trial court’s granting of summary judgment in favor of the...more

Haight Brown & Bonesteel LLP

Be Careful Who You Hire: Unlicensed Contractors are Employees of the Hirer

In Randall Blackwell v. Ray Vasilas, (D067239, Superior Court No. 37-2013-00064563-CU-PO-CTL) the Fourth Appellate District held the Privette Doctrine does not protect a hirer from liability to an independent contractor’s...more

Snell & Wilmer

Multi-Agency Investigation Successfully Targets Arizona and Utah Construction Companies’ Misclassification of Employees

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Sixteen Arizona and Utah companies accused of misclassifying more than 1,000 construction workers agreed to pay $700,000 in back wages and penalties after a multi-year, multi-agency investigation led to consent judgments,...more

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