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Independent Contractors Unemployment Insurance

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 -
Foley & Lardner LLP

New York Employers Should Take Advantage of the “Freelance Isn’t Free Act” Requirements to Reexamine Independent Contractor...

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Nearly six months after it was passed — with overwhelming support — by the New York Legislature, Governor Kathy Hochul recently signed Assembly Bill A6040, or the Freelance Isn’t Free Act (the “Act”). With an effective date...more

Foley & Lardner LLP

Ensuring Your Independent Contractors Don’t ‘Deliver’ Wisconsin Unemployment Insurance Tax Liability

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Those doing business in the Badger State should take note — in a recent case, the Wisconsin Court of Appeals determined that delivery drivers who were paid as independent contractors were improperly classified as such. ...more

Genova Burns LLC

Appellate Division Concludes that ABC Test Does Not Apply in Determining Real Estate Agent Employment Status

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In a recent decision in Kennedy v. Weichert Co., the New Jersey Appellate Division concluded that the “ABC Test” under the Unemployment Compensation Law is inapplicable in determining a real estate salesperson status an...more

Fox Rothschild LLP

The Taxman Cometh: How to Handle an EDD Audit [Click Here if You Received an “Inquiry Regarding Records,” a “Preaudit...

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The EDD is aggressively pursuing unemployment tax audits aimed at evaluating potential independent contractor misclassification. Presumably due to the overwhelming financial burden the pandemic imposed, the EDD is pursuing...more

Stokes Wagner

Summer 2022 Georgia Employment Laws

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There are two Georgia employment laws effective this summer that employers should be aware of in reviewing their policies. Act 823: Protecting Georgia Businesses and Workers Act - The Protecting Georgia Businesses...more

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

Massachusetts Appeals Court Holds That Home Inspection Company’s Inspectors Were Independent Contractors Under ‘ABC’ Test

In a decision that further clarifies Massachusetts law with regard to employee classification, the Massachusetts Appeals Court recently held that home inspectors working on behalf of an inspectional services company were...more

Amundsen Davis LLC

Local and State Employment Law Update: Sex Harassment and Discrimination, Salary Disclosure and Equal Pay

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ARIZONA- Pursuant to H.B. 2146, employers must notify the Arizona Department of Homeland Security about any security breach involving personal information, if more than 1,000 state residents (including employees and...more

Arnall Golden Gregory LLP

Lights, Camera, Legal Action: Avoiding Employment Pitfalls in the Film and Studio Industry

In the wake of the deadly Rust tragedy last year, independent studios and production companies began revisiting their practices, policies, and attitudes regarding safety on set....more

Fisher Phillips

Top 6 Workplace Law Proposals Raised During Governor Hochul’s 2022 New York State of State Address

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Although New York Governor Hochul’s first State of the State address focused on efforts to emerge from the COVID-19 pandemic, she still managed to provide insight on a few key areas of labor and employment law that will...more

Weber Gallagher Simpson Stapleton Fires &...

New York Employment Law: Find the Independent Contractor

The New York State Appellate Division, 3rd Dept. published three decisions on Thursday, December 9, 2021, determining whether an unemployment insurance claimant is an employee or an independent contractor. ...more

Perkins Coie

ESD Audits: What They Are, How to Prepare, and Best Practices for Employers

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Overview of ESD Audits - The Washington State Employment Security Department (ESD) audits records of employers located in Washington to confirm that wages and hours are accurately reported and to ensure compliance with the...more

Fox Rothschild LLP

New Jersey Management-Side Lawyers Bemoan Latest Legislative Attacks On The Business Community Over Independent Contractor...

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I have written a few times on the new, very aggressive, enforcement measures that the New Jersey legislature has recently taken on the issue of misclassification. On this troubling note, I just read an article where other...more

McCarter & English, LLP

Massachusetts’ Strictest-In-The-Nation Definition Of “Employee” May Encompass Franchise Operators

When a worker is classified as an employee, a panoply of local, state, and federal laws regulate many facets of the relationship between the worker and the person or entity the worker serves. When a worker is not an...more

Fisher Phillips

Surprise! Federal Proposal Would Require States to Adopt California’s ABC Contractor Classification Test for Unemployment Purposes

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Most attention about whether the Biden administration would attempt to adopt a version of California’s notorious “ABC test” for determining whether individuals are properly classified as employees or independent contractors...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

Husch Blackwell LLP

The Biden Administration: Expected Changes At The Department Of Labor

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On March 22, 2021, former two-term Boston Mayor Marty Walsh was confirmed as U.S. Secretary of Labor in a 68-29 Senate vote. The U.S. Chamber of Commerce (Chamber) supported Walsh’s nomination as Secretary of Labor due in...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Expands Eligibility for Pandemic Unemployment Benefits

The Pandemic Unemployment Assistance Program was a key component of last year’s Coronavirus Aid, Relief, and Economic Security (CARES) Act and was subsequently extended through March 14 of this year. Under the program,...more

Best Best & Krieger LLP

Wage & Hour, Leave and Other New Laws for California Employers

Part 2: New Labor & Employment Laws for Businesses and Public Agencies in 2021 - While much of the legislation state lawmakers passed in 2020 was in response to the COVID-19 pandemic, California also adopted an array of...more

Sheppard Mullin Richter & Hampton LLP

Battle Over Rideshare Worker Classification Continues: New York Supreme Court Holds Uber Drivers Are Employees, Entitled to...

In yet another decision concerning gig economy businesses, the New York Supreme Court, Appellate Division, Third Judicial Department upheld a decision of the Unemployment Insurance Appeal Board (the “Board”), which held that...more

BakerHostetler

A to Z of What California Employers Need to Know for 2021

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With the new year comes new laws that affect California employers. The following are the A to Z of changes in the law that may affect your business in 2021....more

Bond Schoeneck & King PLLC

Third Department Upholds Finding that Uber is an Employer

In what will surely be an important decision for “gig” economy businesses, the Third Department recently upheld two decisions of the Unemployment Insurance Appeal Board finding that Uber is an employer and therefore required...more

Dechert LLP

Employing an Updated Test for Independent Contractors – U.S. Department of Labor Proposes New Classification Regulation

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Earlier this week, the U.S. Department of Labor (the “DOL”) on September 22, 2020, proposed a regulation that would clarify how to determine whether a worker is an “employee” under the Fair Labor Standards Act (the “FLSA”) or...more

Ballard Spahr LLP

Employers Beware: Unemployment Compensation Fraud Runs Rampant

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With the broad expansion of unemployment benefits during the pandemic, and states racing to get them distributed, fraud was a concern from the outset. And, sure enough, states and federal entities are reporting significantly...more

Proskauer - Law and the Workplace

U.S. DOL Answers Questions From States About PUA Unemployment Program

The U.S. Department of Labor (DOL) recently issued an update to its Unemployment Insurance Program Letter (UIPL) 16-20 to provide additional guidance on the CARES Act’s Pandemic Unemployment Assistance (PUA) program in...more

Ballard Spahr LLP

Pennsylvania Employers May Be on the Hook for Additional Unemployment Compensation Taxes

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A recent opinion from the Pennsylvania Supreme Court clarifies the definition of employment under the state’s Unemployment Compensation Law, potentially increasing the amount of Unemployment Compensation Tax (UC Tax) that...more

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