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Independent Contractors Misclassification Employee Rights

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 -
ArentFox Schiff

Top 10 Legal Challenges for Employers

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With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

Amundsen Davis LLC

DOL and NLRB Agree to Share Information and Counsel Employees on Overlapping Enforcement Matters

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On January 6, 2022, the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) released a signed Memorandum of Understanding (MOU) detailing the agencies’ most recent pact to enforce federal labor and...more

Proskauer - Labor Relations Update

The NLRB’s Recently Seated General Counsel Plots Entirely New Direction for the Board

Less than a month after being sworn in as the new General Counsel of the NLRB, Jennifer Abruzzo defined a bold new direction for the Board’s enforcement priorities in a memo issued on August 12, 2021.  The memo, Mandatory...more

Latham & Watkins LLP

Working Out Worker Rights - What Recent Developments Mean for PE

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Worker classification, employee rights, and equal pay are among the issues that require careful consideration in light of recent and forthcoming changes. The COVID-19 pandemic, and the growing emphasis on ESG metrics...more

Farella Braun + Martel LLP

Employment Law Issues to Consider Before Including Work Made for Hire Clauses in Contractor Agreements

For most employers, it is important to own the intellectual property rights in written and/or graphic work commissioned from independent contractors. But including a Work Made for Hire Clause (“WMFH Clause”) in an...more

Cozen O'Connor

Employment Law Now V-92 – Analyzing Congress’ Proposed “Pro Act” and Its Implication on Labor Law

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Evan Armstrong from the Retail Industry Leaders Association (RILA) joins Mike Schmidt to talk about the significant PRO Act that was introduced in Congress and that will dramatically alter labor issues such as the use of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Farella Braun + Martel LLP

[Event] Crushing Employment Laws: How California’s New Legislation Affects Your Wine Business - February 19th, Santa Rosa, CA

California employers are in for a busy new year of evaluating their workplace rules and practices due to a sizable list of new laws passed by the California legislature for 2020. These new laws may affect daily business...more

Cozen O'Connor

Employment Law Now: IV-51 - A New 2020 Vision

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In this first new episode of 2020 (Season 4), we look at the 15 hot topics your company should have on your list to think about....more

Fisher Phillips

Top 50 Workplace Law Stories Of 2019

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Akerman LLP - HR Defense

New York City Expands Independent Contractor Rights Amidst a Budding National Trend

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Last month, New York City joined an emerging national trend toward increased protections for independent contractors and freelance workers, adopting a new law, Int. 136-A, extending to independent contractors and freelancers...more

Seyfarth Shaw LLP

As The Workplace Is Evolving, New Federal Labor Laws May Be On The Horizon

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As the workplace continues to evolve, lawmakers are poised to develop the labor laws of tomorrow. A new Democratic House Committee recently held a hearing to address the concerns of the ever-changing workplace....more

Littler

Littler Global Guide - Canada - Q3 2019

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With some Canada Labour Code (CLC) amendments in Bill C-44, the Budget Implementation Act, 2017, No. 1 (Bill 44) having come into force in 2017 and earlier in 2019, some additional amendments in Bill C-44 came into force as...more

Troutman Pepper

NLRB Issues a Series of Employer-Friendly Decisions

Troutman Pepper on

Q.  I heard there have been some significant National Labor Relations Board decisions recently. What do I need to know about them? ...more

Bradley Arant Boult Cummings LLP

But We Tried to Do It Right! Stand-Alone Misclassification of Independent Contractor May Not Be a Violation

Recently, the National Labor Relations Board (NLRB) issued another pro-employer decision, resolving an issue at the forefront of employment law, independent contractor classification. In Velox Express, Inc. and Jeannie Edge,...more

Fisher Phillips

Bernie Sanders Unveils His Own Gig Economy Plan

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You can tell we’re well into the midst of the campaign season when presidential hopefuls reveal their plans for handling various societal concerns. We saw it as several Democratic candidates lined up to offer their plans to...more

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

The ABC Test May Soon Be Law in California: What Employers Need to Know

On September 11, 2019, the California Assembly passed a bill codifying last year’s Supreme Court of California decision establishing a new test to determine whether a worker is an independent contractor or an employee. The...more

Fisher Phillips

Independent Contractor Rules Rewritten In California

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The California legislature yesterday approved a controversial new law that will reshape the way businesses across the state classify workers. While supporters of the bill have emphasized its impact on independent contractors,...more

Robins Kaplan LLP

Financial Daily Dose 8.30.2019 | Top Story: E-cig Company Juul Faces Federal Probes into Marketing and Health Concerns

Robins Kaplan LLP on

The FTC has opened a probe into e-cigarette maker Juul’s marketing practices, including allegations that the company “used influencers and other marketing to appeal to minors”....more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

Fisher Phillips on

It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Lewitt Hackman

Dear Boss: I'm sick. Please Don't Pay Me. Sincerely...

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This may not be the best time of year to talk about sick leave. The days are longer. The sun is shining. The weather is hotter. And, workplaces... well, they don’t really change by the season. So maybe it is appropriate to...more

Fisher Phillips

Senator Bernie Sanders Introduces Bill To Overhaul The Gig Economy

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As if gig businesses haven’t had enough bad news to digest in the past few weeks... fresh off the heels of the California Supreme Court’s decision in the Dynamex Operations case, members of Congress are now focusing on...more

Fisher Phillips

November 2017: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. November was no...more

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