News & Analysis as of

Misclassification Withholding Tax

Bricker Graydon LLP

Independent contractor or employee? Be sure you know from the start.

Bricker Graydon LLP on

The law treats employees and independent contractors differently. Independent contractors are usually exempt from labor and employment legislation, such as minimum wage and overtime pay and retirement contributions, while...more

Orrick, Herrington & Sutcliffe LLP

Hiring Ex‐US Agency Workers? What You Need to Know

Agency workers are a great option for high-growth companies looking to expand globally. It gives access to the best talent irrespective of location, and lets companies test new markets and remain flexible without the burden...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

Eversheds Sutherland (US) LLP

Tread carefully: Global pay and employee benefits traps for the unwary

This briefing highlights a number of international pay and employee benefits legal issues that carry potentially severe penalties. Each of these issues is well worth a review now to avoid future consequences. International...more

Mintz Edge

An Employee or an Independent Contractor?

Mintz Edge on

The distinction between employees and independent contractors is often overlooked by emerging companies. However, the significance of this distinction in New York State cannot be overstated. As discussed further below, a...more

Fenwick & West LLP

Fenwick’s Top 10: Our Most Popular Articles of 2019

Fenwick & West LLP on

In 2019, we published analysis to help tech and life sciences companies navigate U.S. tax law changes, an evolving IP landscape and new privacy regulations such as the California Consumer Privacy Act. We also tracked venture...more

Dorsey & Whitney LLP

What do Employer’s Need to Know Following the Passage of California’s New Law on Independent Contractor Misclassification?

Dorsey & Whitney LLP on

On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, which clarifies when workers should be considered “employees” under the California Labor Code and the California Unemployment Insurance Code,...more

BakerHostetler

DOL Memo Provides Script for FLSA Collective Actions Alleging Independent Contractor Misclassification

BakerHostetler on

The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest. The other deer says, “Bummer...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

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