Independent Contractors Hiring & Firing

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

Uber Victory in Ninth Circuit Regarding Dispute Over Enforceability of Arbitration

The United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) recently ruled that the majority of Uber’s contract drivers must resolve their disputes through individual arbitration and cannot pursue their...more

Uber Enforces Arbitration Due To Delegation Clause And Opt Out

The 9th Circuit’s decision to enforce the arbitration agreement in Uber’s agreements with drivers made lots of news last week.  And although it includes no new principles of law, it does emphasize some principles that come up...more

August 2016 Independent Contractor Misclassification and Compliance News Update

This month’s news update includes three initiatives by the U.S. Department of Labor to combat IC misclassification. The first was the issuance of a new page on the DOL website called “Misclassification Mythbusters.” We...more

Second Circuit Seeks Guidance From NY Court of Appeals on Scope of Liability for Discrimination Based on Criminal Conviction...

The Second Circuit has asked the New York Court of Appeals for guidance on the scope of liability for discrimination based on criminal conviction history under Section 296(15) of the New York State Human Rights Law...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19496 - Commission on Human Rights & Opportunities v. Echo Hose Ambulance - The issue of this case was whether or not an unpaid volunteer, in this case for an ambulance...more

Legal updates regarding Israeli law - Significant recent case law: employer ordered to provide prior notice to employees in a...

Employment Appeal 28597-03-11 Dabush Light – Jordanian Locks Holdings (2005) Limited. Decided on February 11, 2015. Jordanian Locks transferred the ownership of its plant to another company. The employees continued to...more

More Mythbusting

Here at the Navigator, we were very pleased by the positive reaction to last month’s post about employment law myths that can get employers in trouble, and we’re glad it was helpful. Although the inaccurate beliefs described...more

Evolving Hiring Methods in the Gig Economy

The Gig economy is revolutionizing the employment arena and, as noted in our recent blog post, it shows no sign of slowing down or waiting for others to catch up. One change that is front and center is the evolution of...more

Employment Law Letter - Summer 2016

Last year the General Assembly enacted legislation prohibiting all public and private sector employers from disciplining an employee for “discussing the amount of his or her wages [or] inquiring about the wages of another...more

Brazil’s eSocial—Is Your Company Ready for Compliance by September?

The Brazilian government has developed a groundbreaking unified electronic platform for mandatory reporting of employee data, payroll data, health and safety records, and tax information. The program, “eSocial,” will...more

California State Assembly Approves Bill on Rural Hospital Physician Employment

A bill that would permit rural hospitals to directly employ physicians has been approved by the California State Assembly. Assembly Bill 2024, authored by Jim Wood (D-Healdsburg), will be considered next by the Senate Health...more

Transgender Video Game Industry Employee Converted to Independent Contractor Status Raises Misclassification and Discrimination...

A prominent Washington State video game company, Valve Corporation, creator of Half-Life, Counter-Strike, and Left 4 Dead, has been sued by a former employee it converted into an independent contractor as an accommodation to...more

Vermont Joins the Ranks of Cities and States that "Ban the Box"

On May 3, 2016, Vermont Governor Peter Shumlin signed a bill into law that prohibits most employers from requesting criminal history information on an employment application. The law adds a new section to the state statutory...more

New Jersey Legislative Update, Part II: What’s in the Works for New Jersey Employers?

A Higher Minimum Wage in Certain Counties - On March 14, 2016, a bill (A3471) was introduced that would require all employers in Essex, Hudson, Camden, Mercer, and Middlesex counties to pay their employees at least...more

Employment Law Navigator – Week in Review: April 2016 #4

Late last week, Uber announced it had reached a settlement with California and Massachusetts drivers over their classification as independent contractors. The settlement calls for drivers to remain independent contractors,...more

The Employment Law Authority - March/April 2016

A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance...more

Dependent Contractors Awarded 26 Months’ Reasonable Notice

Dependent contractors are becoming an increasing portion of the working population, and an Ontario court recently confirmed that protections available to them are at the top end of the scale. In the case of Keenan v....more

The Final Word on Dependent Contractors

I wrote last year about the Ontario Superior Court of Justice’s decision in the case of Keenan v. Canac Kitchens (a link to same can be found here: http://www.employmentandlabour.com/?s=Canac). Last week the Ontario Court...more

Canadian Employment News Series - January 2016: Top 10 Canadian Employment Law Cases of 2015

With 2015 now behind us and our sights set on 2016, we have compiled the following list of ten significant Canadian employment law cases from 2015. This roundup is a cross-section of decisions from across the country,...more

Employment Law - January 2016

Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes - Why it matters - The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more

Labor and Employment Law Roundup – The Year in Review

Employers have been buffeted over the last several years by significant changes in labor and employment laws at the federal, state and local levels, and 2015 was no exception. As the year draws to a close, here is a recap of...more

NYC Commission on Human Rights Clarifies Background Screening Laws

On Thursday, November 19, 2015, Cornell University’s ILR School Labor and Employment Law Program hosted “NYC Ban the Box and Stop Credit Discrimination: A Conversation on Enforcement with the City Commission on Human Rights.”...more

[Event] Sheppard Mullin's Labor & Employment Year In Review - Nov. 19th, New York, NY

Please join our experienced attorneys for an informative and lively discussion on a variety of timely topics, including: Where We've Been and Where We're Going: Key legislative developments and leading court...more

Fenwick Employment Brief

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

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