News & Analysis as of

Independent Contractors Wage and Hour

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 -

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

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

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

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

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

California Supreme Court Set to Address Fate of Independent Contracting

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court, in Dynamex Operations v. Superior Court, has agreed to address the legal standard for determining whether a worker classified as an independent contractor is really an...more

The gig economy: “Free-riding on the welfare state”

by Dentons on

Due to the calling of a snap general election, the Work and Pensions Committee has curtailed its inquiry and has now published its report on the gig economy and its use of self-employment. The report is somewhat damning of...more

New York City’s First-in-the-Nation Independent Contractor Law Takes Effect Next Week

by Pepper Hamilton LLP on

On May 15, 2017, a first-in-the-nation law regulating the relationship between independent contractors and those who retain their services goes into effect in New York City. Regardless of where a company is headquartered, it...more

New York City Law Protecting Freelance Workers Goes Into Effect on May 15, 2017

A new New York City law covering freelance workers goes into effect on May 15, 2017. The law, informally called the “Freelance Isn’t Free Act,” gives non-employee independent contractors the right to a written contract upon...more

Reminder for NYC Employers: Independent Contractor Law Takes Effect May 15

by Reed Smith on

On May 15, a new law takes effect in New York City that will require written agreements between many, if not most, independent contractors and the entities that engage them. As we previously reported, the “Freelance Isn’t...more

UberSuccessful Digital Business Model May Crash If Florida Court Classifies Drivers as Employees

It’s no secret that the multi-billion dollar gig-economy app company has faced its share of speed bumps, roadblocks, and controversies the last several years. As a result of issues with local regulatory traffic laws, rider...more

Employment News - May 2017 #1

by Hogan Lovells on

Self-employment and the gig economy laid bare – Parliamentary Committee calls for changes to employment status - The Work and Pensions Parliamentary Committee inquiry into self-employment and the gig economy has...more

April 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

April was a red-hot month for independent contractor misclassification cases. We report below on 11 cases in the courts and two before administrative agencies involving...more

Speaking Deliveroo: whatever next?

by Dentons on

Deliveroo has set out words and phrases that managers should use to describe its riders and their working practices in an attempt to fortify the company’s stance that its riders are self-employed, rather than workers....more

New York City "Freelance Isn't Free Act" To Take Effect

by Hodgson Russ LLP on

The New York City “Freelance Isn’t Free Act” (FIFA) takes effect on May 15, 2017. The first of its kind in the country, FIFA was designed to protect independent contractors by imposing a number of strict requirements on...more

Employment Law Letter - Spring 2017

by Shipman & Goodwin LLP on

Some time ago, the U.S. Department of Labor announced a focus on what it saw as a workplace trend, namely the characterization of people performing functions that are an integral part of the employer’s business (not plumbers...more

New Rights for Freelance Workers in New York City

by Dorsey & Whitney LLP on

New York City has become the first city in the nation to protect freelance workers through legislation to prevent client non-payment, which is alleged to have become widespread. Some sources have estimated that 4 million...more

News from the Vermont Statehouse - An Analysis from DRM’s Government & Public Affairs Team - April 2017 #2

by Downs Rachlin Martin PLLC on

Senate Money Panel Passes Budget Bill - On a vote of 7-0, the Senate Appropriations Committee passed a $5.8 billion budget on Friday that closes a $72 million projected gap between revenues and expenditures in the 2018...more

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