News & Analysis as of

Independent 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 -

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

Littler Global Guide - Portugal - Q1 2017

by Littler on

State Budget Law 42/2016 of December 28, 2017 - Enacted Legislation - Effective January 1, 2017, State Budget Law for 2017 introduced various modifications to the labor law landscape, which have had an immediate...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

Wage and Hour Takeaways from Trump Post 100 Day Symposium

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 25, 2017, Noah Finkel spoke at our full-day summit about what to expect from the DOL under the new administration. Noah’s forecast: “They say that the policy is the people, and we don’t yet have the...more

Uber and Lyft to Return to Austin, Texas?

by Fisher Phillips on

One year after Uber and Lyft terminated operations in Austin, Texas, the ride-sharing platforms may be ready to return. The issue stems from a City of Austin ordinance that requires all “transportation network companies”...more

InterConnect FLASH! No. 61 - Regardless of Status (Broker/Motor Carrier): Contract & Control Still Matter

by Benesch on

Courts continue to review the circumstances surrounding the degree of control exercised over transportation service providers. This has held true in several different segments of the transportation industry whether it is home...more

Lavoro agile e riforma lavoro autonomo

In attesa della sua pubblicazione in Gazzetta Ufficiale, forniamo qui di seguito una breve panoramica delle novità introdotte dal disegno di legge (2233-B) denominato "Misure per la tutela del lavoro autonomo non...more

New Freelancer Law Imposes Additional Requirements For NYC Companies Contracting With Freelancers

The Establishing Protections for Freelance Workers Act, also known as the Freelance Isn’t Free Act, (the “Freelance Law”), which was touted by New York City Mayor Bill de Blasio as the first law in the nation aimed at...more

New York City Law Increasing Protections for Freelance Workers Takes Effect

In a previous post we discussed the significant new obligations New York City’s “Freelance Isn’t Free Act” imposes on employers that retain the services of freelance independent contractors. On May 15, these requirements...more

Employment News - May 2017 #3

by Hogan Lovells on

Cards on the table – employment manifesto pledges issued - The Conservatives, Labour Party and Liberal Democrats have all confirmed in their manifestos that pre-Brexit EU employment rights will be maintained and that gig...more

Independent Contractor Trucker Dodges FAA Arbitration and Keeps His Class Action Alive

by BakerHostetler on

In Oliveira v. New Prime, Inc., No. 15-2364 (May 12, 2017), the U.S. Court of Appeals for the First Circuit confronted two arbitration-related questions of first impression in that Circuit. In the case, Dominic Oliveira had...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

NYC's "Freelance Isn't Free" Act Effective May 15, 2017

by FordHarrison on

A new law regulating the hiring and payment of freelancers in New York City took effect May 15, 2017. The “Freelance Isn’t Free” Act impacts a large range of industries that routinely rely on independent contractors,...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

Macron: The Winding Road to Labour Reforms

by Seyfarth Shaw LLP on

On 14 May 2017, French President-elect Emmanuel Macron with a strong 66% majority officially started his five year mandate. His first duty was to appoint a Prime Minister, Edouard Philippe, a Conservative, who will now form a...more

Attention Employers: New York City’s “Freelance Isn’t Free Act” Takes Effect

by K&L Gates LLP on

Businesses, organizations, and individuals alike in New York City should be aware that on May 15, 2017, the City’s “Freelance Isn’t Free Act” (the “Act”) went into effect. The Act significantly broadens safeguards for...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

New NYC Law Imposes Additional Requirements On Companies Contracting With Freelancers

by Jackson Lewis P.C. on

Effective May 15, 2017, the “Freelance Isn’t Free Act” delineates additional duties for businesses contracting with freelance workers on or after May 15, 2017, in New York City....more

NYC Says Put It in Writing for Freelancers, Stop Asking Job Candidates their Prior Salaries - The Freelance Isn’t Free Act...

Beginning May 15, 2017, independent contractors in New York City will be provided with heightened protections under the law, and those engaging independent contractors will, in most instances, be legally required to do so...more

Changing Workplaces Review to be Released May 22: Media Reports

by Dentons on

The countdown is on. Over the weekend the Toronto Star and the CBC each published stories detailing what Ontarians can expect to see in the long awaited final report from the Changing Workplaces Review when it is...more

Are Portable Benefits One Step Closer To Reality?

by Fisher Phillips on

According to a great article by Tyrone Richardson in Bloomberg BNA, it appears that the concept of portable benefits for gig workers is a step closer to reality. Richardson reports that Congress is “seeking ways to fill the...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

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