News & Analysis as of

Independent Contractors Misclassification

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 -

Federal Bill Seeks to Create Portable Benefits for Gig Economy Workers

by Littler on

Senator Mark Warner (D-VA), a lawmaker known for closely monitoring the changing nature of work, has introduced in the Senate legislation to promote innovative ways to offer portable benefits to workers in the on-demand...more

What the First-Ever Bill Promoting Portable Benefits for Independent Contractors Does – And Does Not Do

by Pepper Hamilton LLP on

Independent contractors and other contingent workers are not currently eligible for workers’ compensation, disability benefits, health insurance coverage, and pension benefits under federal and most state laws. This may well...more

Accountant and Attorney Liability NewsBrief - Summer 2017

by LeClairRyan on

Compliance programs - policies and procedures designed to prevent violations of laws,c rules and regulations – have become a big deal. That’s because government regulators and enforcers closely scrutinize companies that...more

How To Win At The Gig “Game” – Tips for Successfully Sourcing, Onboarding, and Retaining Independent Workers

by Fisher Phillips on

Today’s employment “Game of Life” looks very different than it used to. One of the biggest reasons: the gig economy is expanding at a rapid pace. Other factors include the fact that there are four generations competing for...more

Freelance Isn’t Free: New York City Reins in Independent Contractors, One Work Provider at a Time

New York City’s Freelance Isn’t Free Act (or FIFA, for short) is not just an attention-grabbing name, but game-changing legislation that has imposed unprecedented regulations on the Five Borough “gig economy.” FIFA, which...more

Labor and Employment Group News: New York City Enacts Freelance Worker Law

by Murtha Cullina on

Employers’ engagement of independent contractors has increased substantially in recent years. Short-term projects and the gig economy have fueled the need for workers, who are not looking (or are unable) to find permanent...more

Coleman Issues Tax Tip: Determining Worker Status

One of the more difficult tax issues with which businesses are often confronted is determining whether persons supplying personal services to the business are employees or independent contractors. The IRS has recently issued...more

The Connecticut Supreme Court Aces Another ABC Test

This is the latest in a series of blog posts on the so-called “ABC Test,” which is used in Connecticut to determine whether a worker is an employee or an independent contractor for purposes of eligibility for unemployment...more

Limited Impact of New Florida Law Deeming Uber, Lyft and Other Ride-Sharing Drivers Independent Contractors and Not Employees

by Pepper Hamilton LLP on

On May 9, 2017, Governor Rick Scott of Florida signed the Transportation Network Companies Act (HB 221), which designates drivers for ride-sharing companies in the on-demand or gig economy as “independent contractors” as long...more

News From the Vermont Statehouse - An Analysis from DRM’s Government & Public Affairs Team - April 2017 #3

by Downs Rachlin Martin PLLC on

Senate Committee Rejects Anti-Uber Amendment - The Senate Finance Committee on Friday afternoon unanimously rejected a proposal from the Senate Judiciary Committee to impose high automobile liability insurance limits on...more

California Supreme Court Set to Address Fate of Independent Contracting

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court, in Dynamex Operations v. Superior Court, has agreed to address the legal standard for determining whether a worker classified as an independent contractor is really an...more

New York City’s First-in-the-Nation Independent Contractor Law Takes Effect Next Week

by Pepper Hamilton LLP on

On May 15, 2017, a first-in-the-nation law regulating the relationship between independent contractors and those who retain their services goes into effect in New York City. Regardless of where a company is headquartered, it...more

UberSuccessful Digital Business Model May Crash If Florida Court Classifies Drivers as Employees

It’s no secret that the multi-billion dollar gig-economy app company has faced its share of speed bumps, roadblocks, and controversies the last several years. As a result of issues with local regulatory traffic laws, rider...more

Employment News - May 2017 #1

by Hogan Lovells on

Self-employment and the gig economy laid bare – Parliamentary Committee calls for changes to employment status - The Work and Pensions Parliamentary Committee inquiry into self-employment and the gig economy has...more

April 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

April was a red-hot month for independent contractor misclassification cases. We report below on 11 cases in the courts and two before administrative agencies involving...more

April 2017: The 13 Biggest Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month...more

Speaking Deliveroo: whatever next?

by Dentons on

Deliveroo has set out words and phrases that managers should use to describe its riders and their working practices in an attempt to fortify the company’s stance that its riders are self-employed, rather than workers....more

Employment Law Letter - Spring 2017

by Shipman & Goodwin LLP on

Some time ago, the U.S. Department of Labor announced a focus on what it saw as a workplace trend, namely the characterization of people performing functions that are an integral part of the employer’s business (not plumbers...more

Big For Gigs: New Florida Law To Eliminate Misclassification Battles

by Fisher Phillips on

I wrote an article yesterday about the new law that is about to be signed by Florida Governor Rick Scott that will ensure ride-sharing drivers are classified as independent contractors and not employees. You can check out the...more

Gig Economy Game-Changer? New Florida Law Ensures Contractor Status For Drivers

by Fisher Phillips on

The state of Florida is about to enact first-of-its-kind legislation that will ensure most ride-sharing drivers are independent contractors and not employees, eliminating costly misclassification battles and providing a...more

News from the Vermont Statehouse - An Analysis from DRM’s Government & Public Affairs Team - April 2017 #2

by Downs Rachlin Martin PLLC on

Senate Money Panel Passes Budget Bill - On a vote of 7-0, the Senate Appropriations Committee passed a $5.8 billion budget on Friday that closes a $72 million projected gap between revenues and expenditures in the 2018...more

Flagged Down: Second Circuit Finds NYC “Black Car” Drivers Are Independent Contractors

The Second Circuit has affirmed the dismissal of a class action of New York City “black car” drivers who alleged they were misclassified as independent contractors by their dispatchers. In reaching its ruling, the Court found...more

The War on Employee Misclassification: Will Trump Call a Cease Fire?

by LeClairRyan on

During its two terms, the Obama Administration declared war on misclassification of employees as independent contractors. The U.S. Department of Labor (DOL) issued additional guidance on the proper classification of workers....more

Federal Court Provides Roadmap For Misclassification Success – Sort Of

by Fisher Phillips on

Ruling In Favor Of Independent Contractor Status Provides Boost To Gig Economy - A federal appeals court in New York handed a massive victory to a car service enterprise yesterday, ruling that a group of workers...more

Is This Your New Roadmap To Misclassification Success? Maybe.

by Fisher Phillips on

This is a big deal The 2nd Circuit Court of Appeals came down in favor of a sharing economy business in a misclassification case yesterday, ruling that a group of black-car drivers were independent contractors and not...more

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