Wage and Hour Independent Contractors

News & Analysis as of

Uber Drivers Are Workers, Not Self-Employed Contractors

In the case of Aslam and others v Uber BV ET/2202550/15, the Employment Tribunal considered the employment status of Uber drivers. Uber drivers brought a claim in the Employment Tribunal, alleging that they were workers,...more

NYC Employment News: First-of-Its-Kind Freelance Rights Bill Becomes Law

As the gig economy continues to surge throughout the United States, New York City has emerged as one of the first municipalities to protect freelance workers. The New York City Council recently passed the Freelance Isn’t Free...more

What Employers May Expect with Trump in Office

This installment of our ongoing series prognosticating about the new Presidential administration focuses on the regulatory environment employers may face. President-elect Trump has promised to revoke a number of the more...more

New York City Enacts First-of-Its-Kind Law to Protect Freelance Workers

On November 16, 2016, New York City Mayor Bill de Blasio signed Int. No. 1017-C, known as the Freelance Isn’t Free Act (“Act”), which establishes protections for the estimated 1.3 million independent workers in New York City....more

Your Own Agreements Can Be Your Worst Enemy in IC Misclassification Cases

Companies that use independent contractors (ICs) typically require ICs to sign a contractor agreement prepared by the company. But, if it is drafted like the one reviewed in late September by the U.S. Court of Appeals for the...more

New York City Passes Freelancer Wage Protection Law

Hiring parties should review their current contracts with freelance workers in New York City to ensure compliance with the new bill. The New York City Council has passed, and Mayor Bill de Blasio has signed, a bill with...more

New York City Extends Wage Theft Protection to Independent Contractors

New York City has become the first jurisdiction nationally to extend wage theft protections to independent contractors. On November 16, 2016, Mayor Bill de Blasio signed into law the "Freelance Isn't Free Act." FIFA imposes...more

Businesses Everywhere Take Note: NYC Independent Contractor Law Will Have Impact Well Beyond the City

Regardless of where a company is headquartered, it likely contracts with one or more independent contractors who live or work in New York City. If your company does so, take note. On November 16, 2016, Mayor de Blasio signed...more

Disrupting the Disruptors: Expensive News for App-based "Gig Economy" as Uber Loses Drivers' Claim

We consider the impact of the U.K. employment tribunal's decision in Aslam and others v Uber BV and others 2202550/2015 and others, including: the status of the drivers; the rights they can now enforce against Uber; and the...more

Payroll Get Ready — Employers Face New January 31st Filing Deadline for W-2 and 1099-MISC Forms

In Depth - Beginning with W-2 forms filed with respect to 2016 wages, a new law requires employers to file the government copy by January 31, 2017, for both paper and electronic copies. The accelerated deadline also...more

“Freelance Isn’t Free” Says the New York City Council

Seyfarth Synopsis: The “Freelance Isn’t Free Act,” passed by the New York City Council on October 28, 2016 requires, among other things, a written contract for services between a hiring party and a freelance worker in most...more

Independent Contractor vs. Employee: What Employers Need to Know

If you’re an employer, given the daily balance of juggling business goals, budget concerns and employee harmony, it might seem that you spend most days trying to pull the proverbial rabbit out of your hat. But if your...more

Are you a joint employer?

Are you an employer who uses temporary employees, staffing agencies or independent contractors? Use of such contingent or contract workers is not unusual and may be necessary for your operations. If you are in that...more

Uber Drivers Uber Happy

As you may have seen from the extensive press coverage, the UK Employment Tribunal has delivered its much anticipated judgment in Aslam and Farrar v Uber. The case was about whether Uber drivers are self-employed contractors,...more

October 2016 Independent Contractor Misclassification and Compliance News Update

Our update for this past month is noteworthy for the fact that we report below on IC misclassification lawsuits plaguing some of the largest and most recognizable companies in the U.S. (like Uber, Amazon, and FedEx) as well...more

New York City to Pass Protections for Freelance Workers

On October 27, 2016, the New York City Council approved a bill that would establish protections for freelance workers.  It is expected that Mayor DiBlasio will sign the bill into law in the near future....more

The Employment Law Authority - November/December 2016

Court Upholds Employer’s Dreadlock Ban Finds Grooming Policy Did Not Violate Title VII of the Civil Rights Act - A federal appellate court recently held that an employer’s policy banning dreadlocks did not constitute...more

Workplace Policy Institute Insider Report — November 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The November edition of the Insider Report turns a spotlight on...more

Gig and Technology Sectors Targeted in EEOC Enforcement Plan

The EEOC is targeting the “21st-century workplace” by focusing on gig economies and the technology sector in its new Strategic Enforcement Plan. The new Enforcement Plan also targets what the EEOC calls “complex employment...more

Uber and the Gig Economy – is the law keeping up?

After a Preliminary Hearing spanning seven days (including reading the five volume bundle and time for deliberation), an Employment Tribunal has handed down its much anticipated ruling that Uber drivers are workers rather...more

New York’s High Court Issues Pro-Employer Ruling In Misclassification Case

On October 25, 2016, the New York Court of Appeals – New York’s highest court – ruled that non-staff instructors at a yoga studio were properly classified as independent contractors, and were not employees. The Court of...more

Statutory Protections for Freelance Workers: New York City Paving the Way for a New Category of Workers?

Wage and hour laws have traditionally drawn, or at least attempted to draw, a bright line between employees, who are entitled to the protections of wage and hour and other employment laws and independent contractors, who are...more

NYC Passes Wage Theft Protections For Freelancers; Sharing Economy Employers Take Notice

On October 27, 2016, the New York City Council passed the Freelance Isn’t Free Act, the nation’s first wage theft protections for independent contractors. The Act creates harsh penalties for employers who delay or deny...more

NYC Council Passes Bill Protecting Freelance Workers

Yesterday the New York City Council passed the Freelance Isn’t Free Act, a local law (No. 1017-2015) establishing protections for freelance workers. The bill now goes to the Mayor’s desk for signature....more

Judge Temporarily Blocks “Blacklisting” Rules

Large government contractors on Monday received a reprieve, at least preliminarily, from the implementation of the U.S. Department of Labor’s so-called “blacklisting” rules, under which covered contractors (including...more

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