Independent Contractors Non-Compete Agreements

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

Governor Patrick Proposes Bill to Ban Certain Non-Competes in Massachusetts but Preserve Enforceability of Other Restrictive...

Last week, Massachusetts Governor Deval Patrick proposed legislation that would ban certain non-competition provisions in agreements with employees and independent contractors. Certain other important restrictive covenants,...more

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

IFA Legal Symposium Report

For our readers who did not attend the early May International Franchise Association Legal Symposium held in Washington, we pass along these observations...more

Gavel to Gavel: Agreements enforceable

For years, Oklahoma employers have required employees to sign agreements stating they will not solicit the company’s employees if they go to work for another employer. In April, Gov. Mary Fallin signed legislation confirming...more

Florida Appellate Court Says: “Independent Contractor” Still An Employee For Purposes Of Enforcing Non-Compete Agreement

You hire an employee and pay her a salary. In order to earn more money at your business, she voluntarily chooses to transition to “independent contractor” status. Question: Does that transition trigger the non-compete...more

Independent Contractor And Former Employee May Be Bound By Non-Compete Agreement, Florida Court Rules

Section 542.335 is the Florida statute that governs non-compete agreements. As most practitioners know, the statute is not limited to employment relationships. Thus, it is not uncommon for businesses and independent...more

Make Your List. Check it Twice. Don't Let the Government Think You've Been Naughty. . . Not Nice

Originally published in Human Resource Partners - December 2012. Employers face ever increasing regulation of their workplaces and employment related practices. As 2012 draws to an end, it is a good time to take stock...more

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