Service Contracts

News & Analysis as of

Freelance Work Isn't Free

On May 15, 2017, the New York City “Freelance Isn't Free Act” (the Act) will take effect. The Act protects freelance workers who are defined as “any natural person or organization composed of no more than one natural person,...more

Connecticut Supreme Court Provides Guidance on Independent Contractor Classification

The Connecticut Supreme Court has ruled that an individual can be considered an independent contractor even if he or she provides services to only one employer. The court’s decision, which was officially released on March 21,...more

Cloud Assurance Programmes: “Carry an umbrella, even in the desert”

This article was originally published on InBusiness.ae and is reproduced with permission. Do all users of cloud-based services need to have a service assurance programme in place? Of course not. Can these risks be mitigated...more

New North Carolina Sales Tax Provisions for Contracts Related to Real Property

This alert is relevant for contractors who perform construction services on real property in the state of North Carolina. In South Carolina, contractors remain subject to the traditional sales or use tax at the time of all...more

Public Finance Advisory: IRS Releases Clarifying Management Contracts Rules

For the third time in as many years, the Internal Revenue Service (the “IRS”) has issued guidance for determining whether a management contract will result in private business use for property financed with governmental or...more

IRS Issues Clarification for Tax-Exempt Management Contracts - Impact on Healthcare Providers

In IRS Revenue Procedure 2017-13 (Rev. Proc. 2017-13), the IRS clarifies safe harbor conditions under which a management contract will not result in private business use of a property financed by tax-exempt bonds. By way...more

New Jersey Assembly Labor Committee Advances Bill Concerning Payment of Freelance Workers

On January 19, 2017, the New Jersey Assembly Labor Committee advanced a bill (A-4410) that would require written contracts between “freelance workers” and their hiring entity (“client”). Those contracts would need to include...more

IRS Provides Safe Harbor for Solar Contracts with Federal Agencies

On January 19, 2017, the US Internal Revenue Service (IRS) released Revenue Procedure 2017-19 (the “Rev. Proc.”) providing a safe harbor for certain alternative energy sales contracts with federal agencies to be treated as...more

Weekly Update Newsletter - January 2017 #3

GOVERNMENT CONTRACTS - Recognition of Tribal Organizations for Representation of VA Claimants - The Department of Veterans Affairs (“VA”) is amending its regulations concerning recognition of certain national,...more

New York (State and City) Imposes New Rules for Freelancers, State Contracts

My colleagues, Clarisse Thomas, Keegan Drenosky and I have been busy keeping track of the developments in New York which may impact Connecticut employers with cross-border business. Here are two of the most recent...more

New regulations on use of external personnel in Germany

The law to amend the German Employee Lending Law (Arbeitnehmerüberlassungsgesetz - AÜG) will come into effect as of 1 April 2017. This not only restricts the use of leased employees (Leiharbeitnehmer) for companies; the risks...more

New York City Passes Trailblazing Freelancer Wage Theft Protection Law

On November 16, 2016, New York City Mayor Bill de Blasio signed into law the “Freelance Isn’t Free” Act (“the Act”). The Act generally grants freelancers the right to a written contract, timely payment and to be free from...more

Got Vendors? Guidelines for Third-Party Vendor Management

Third-party service providers are critical for startups’ growth. Independent developers, designers, marketing firms, and data analysts (among others) provide valuable services, but they also present difficult and unique...more

Will the CFPB issue a final arbitration rule before Jan. 20?

Last week, the Wall Street Journal reported that the CFPB is pushing to finalize its arbitration rule before Donald Trump’s inauguration as President on January 20.  The comment period on the proposed rule closed on August...more

Freelancers in New York City Get Wage Protections

A written contract, payment within 30 days, and statutory damages for non-payment of wages are among the provisions of New York City’s new freelancer protection law signed by Mayor Bill de Blasio on November 16, 2016. The law...more

FCC's Order on Broadband Privacy Will Be Felt by Energy Companies

Modern energy companies should pay close attention to the Federal Communications Commission's recent order adopting rules protecting the privacy of customer proprietary information. Although not particularly focused on energy...more

Higher Education, Exempt Organization & Governmental Financings - Tax Presentation

Qualified Equity - Allocation & Accounting Rules for Private Business Use - New Treasury Regulations regarding measurement and allocation of private business use (PBU) benefit universities that finance a...more

Wage Protections for Freelancers, Paid Sick Leave for Domestic Violence on New York City Council Agenda

The New York City Council continues its pro-worker efforts. The latest include proposed legislation (i) providing protections against non-payment of wages for freelance workers and (ii) expanding the list of permitted reasons...more

Bad leaver clauses and the new rule against contractual penalties

Two recent decisions touch on the interaction between bad leaver clauses and the new rule against contractual penalties set out by the Supreme Court in November 2015....more

Part 7 of Reviewing Third Party Vendor Service Contracts, a Seven Part Guide

This is part 7 of a Seven Part Guide to reviewing vendor contracts. Indemnification. Indemnification provisions in a third party services contract can be hotly contested. There is no question that banks should include...more

Part 5 of Reviewing Third Party Vendor Service Contracts, a Seven Part Guide

This is part 5 of a Seven Part Guide to reviewing vendor contracts. Vendor Notice Requirements - Business - Strategic Changes. There are several categories of events the bank will want to be notified about. The...more

Part 4 of Reviewing Third Party Vendor Service Contracts, a Seven Part Guide

This is part 4 of a Seven Part Guide to reviewing vendor contracts. The previously published parts are also available. Services level. Services levels should be defined. For example, are the service to be made available...more

Bi-partisan Congressmen seek arbitration safe harbor allowing class action waivers

Republican Congressman Randy Neugebauer, who chairs the House Financial Services Committee’s Subcommittee on Financial Institutions and Consumer Credit, and Democratic Congressman W. Lacy Clay, the Subcommittee’s Ranking...more

California Legislative Update: It's Now Up To The Governor

The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some...more

Agencies Publish Strict New Reporting Guidelines for Government Contractors

On August 25, 2016, the United States Department of Labor (“DOL”) and Federal Acquisition Regulatory (“FAR”) Council published “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’” (“final rule”). Also...more

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