News & Analysis as of

Independent Contractors Termination

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 -
Fenwick & West LLP

Employment Practices Group - Startup Guide to Hiring and Terminations

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An important part of hiring employees is deciding how to compensate them. Because of limited capital, startups often implement equity-only compensation or deferred compensation arrangements in lieu of regular salaries....more

DirectEmployers Association

OFCCP Week In Review: January 2021 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

MoFo Employment Law Commentary (ELC)

Another Round Of New California Employment Laws

With the New Year rapidly approaching, employers should prepare for the flurry of new California employment legislation. The recent legislation presents new compliance challenges and requirements for California employers,...more

Littler

Littler Global Guide - Colombia - Q2 2019

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Companies No Longer Required to Pay Social Security Contributions for Independent Contractors - New Legislation Enacted - Pursuant to Act 1955 of 2019, companies are no longer obliged to pay social security...more

Fox Rothschild LLP

Six “Good Deeds” That CA Employment Law Punishes Harshly

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The phrase “no good deed goes unpunished” applies in many contexts, including California employment law. Here are six ways that employers get into trouble by trying to do favors for their workers....more

Littler

Littler Global Guide - United Kingdom - Q2 2018

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Data Protection Act 2018 Enacted - New Legislation Enacted - Effective May 25, 2018, the UK Data Protection Act transposes the EU General Data Protection Regulation (GDPR) into UK law, thereby replacing the Data...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

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On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - February 2016

Be Still, My Heart: New Suit Says Fitbits Fail to Track Heartbeats as Promised - Why it matters - Fitbit has been hit with another consumer class action asserting false advertising claims, this time alleging that...more

Sheppard Mullin Richter & Hampton LLP

[Event] Labor & Employment Law Update & Happy Hour - Oct. 22nd, San Diego, CA

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments...more

Sheppard Mullin Richter & Hampton LLP

[Event] Labor & Employment Law Update & Happy Hour - Sept. 24th, San Francisco, CA

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments...more

Sheppard Mullin Richter & Hampton LLP

[Event] Labor & Employment Law Update & Happy Hour - Sept. 16th, Costa Mesa, CA

Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments...more

Hinshaw & Culbertson LLP

Eighth Circuit: Doctor Is Unable to Maintain Employment Claims Due to Determination of Independent Contractor Status

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From 1991 until 2011, Larry Alexander worked as a pathologist for Avera St. Luke's Hospital in South Dakota. Under the terms of his contract, Alexander was an independent contractor free from control of Avera. Alexander paid...more

Dorsey & Whitney LLP

Quirky Question # 238, No Laughing Matter – Company Found Liable for Wrongfully Terminating Independent Contractor’s Agreement

Dorsey & Whitney LLP on

Question: My company relies on independent contractors, over whom we don’t exert control. They often joke around with each other. I’m not liable for employment discrimination if I terminate one of them after they...more

Dorsey & Whitney LLP

No Laughing Matter: Company Found Liable for Wrongfully Terminating Independent Contractor’s Agreement after a Complaint about a...

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Companies using independent contractors should be aware of increased enforcement efforts from federal and state labor and tax authorities over misclassification of workers under wage and hour and tax laws. In Washington, this...more

Faegre Drinker Biddle & Reath LLP

Employed vs Self Employed Status

Mr Conroy, a referee, brought a claim for unfair dismissal against the Scottish Football Association (SFA). The Employment Tribunal agreed with the SFA's argument that Mr Conroy was self-employed (as opposed to an employee),...more

Fisher Phillips

Globalizing in Hong Kong

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With dynamic soaring towers, elaborate bright lights, and heart warming traditional customs, Hong Kong’s enigmatic economic and business climate serves as a financial capital for all industries, companies, and firms. Indeed,...more

Proskauer - Whistleblower Defense

Eleventh Circuit: Liquidated Damages For FLSA Retaliation Discretionary, Not Mandatory

The Eleventh Circuit joined the Sixth and Eighth Circuits in holding that liquidated damages awards for FLSA retaliation claims are discretionary, not mandatory. Moore v. Appliance Direct, Inc., No. 11-cv-15227 (11th Cir....more

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