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Independent Contractors Removal

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 -
Fisher Phillips

The Square Peg and the Round Hole – W2 Driver or IC? Let the Judge (as the Jury) Finally Decide!

Fisher Phillips on

GrubHub, the food delivery app, has been in a legal battle with a former delivery driver over the driver’s classification as an independent contractor since 2015. Initially filed as a class action in state court in San...more

Carlton Fields

Court Holds Notice of Removal Filed 128 Days After Service of Complaint Was Timely Under CAFA

Carlton Fields on

The U.S. District Court for the District of New Jersey denied plaintiffs’ motion to remand, holding that defendants’ notice of removal, filed 128 days after service of the complaint, was timely because neither the complaint...more

Proskauer - California Employment Law

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

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