News & Analysis as of September 21, 2024

Freelance Workers

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Freelance Isn’t Free Act Soon Takes Effect Throughout New York State

Epstein Becker & Green on 7/1/2024

For employers doing business in New York, the “Freelance Isn’t Free” Act (the “Act”) signed into law by Governor Kathy Hochul in March of this year may have stirred up memories of the New York City ordinance enacted just a...more

New York Enacts Sweeping Changes to Independent Contractor Arrangements

Littler on 1/26/2024

The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not...more

Los Angeles’ New Requirements For Work With Independent Contractors

CDF Labor Law LLP on 8/18/2023

California has gone to great lengths to limit independent contractor relationships and recently, the City of Los Angeles, created additional hurdles to the hiring and use of independent contractors or freelance workers. The...more

Columbus, Ohio, Adds Freelance Worker Protections to Its City Code

Epstein Becker & Green on 7/28/2023

The nationwide growth of the “gig economy” has provoked the enactment of laws aimed at providing economic protection to freelance workers. In May 2023, the Columbus City Council joined this national trend by amending the...more

Written Contract Will Be Required For Many Independent Contractors And Freelance Workers In Los Angeles Starting July 1, 2023

CDF Labor Law LLP on 7/3/2023

A new city ordinance in Los Angeles will take effect on July 1, 2023, which requires a written contract for many independent contractors and freelance workers who work in the city. This ordinance, known as the Freelance...more

New York Appellate Court Takes First Crack at Interpreting NYC’s Freelancing Law

Littler on 8/12/2022

The First Department of the Supreme Court, Appellate Division (the “Appellate Division”) recently issued the first appellate decision interpreting New York City’s Freelance Isn’t Free Act (FIFA). Plaintiffs – a photography...more

NLRB Considers Abandoning Current Standard for Independent-Contractor or Employee Status

Proskauer - Labor Relations Update on 12/31/2021

In what will have a significant impact on the employment status of “gig” economy workers under federal labor law, the National Labor Relations Board (“NLRB” or “Board”) seems poised to revert to a more worker-friendly...more

AB 5 Survives Challenge From Freelance Writers, Photographers

Manatt, Phelps & Phillips, LLP on 11/22/2021

Assembly Bill 5 regulates economic activity and not speech, the U.S. Circuit Court of Appeals for the Ninth Circuit recently held, affirming dismissal of a suit brought by freelance writers and photographers challenging the...more

Driver’s Misclassification Suit Gets New Life From Ninth Circuit

Manatt, Phelps & Phillips, LLP on 10/14/2021

The retroactive application of Dynamex may permit a Grubhub driver’s suit alleging he was misclassified as an independent contractor, according to a new decision from the U.S. Court of Appeals for the Ninth Circuit....more

Florida Business Required to Report Independent Contractors Effective October 1

FordHarrison on 9/30/2021

Executive Summary: Effective October 1, 2021, Florida businesses will be required to submit new hire information for their independent contractors to the Florida Department of Revenue. This is a significant change for...more

Using A Contractor? New Reporting Requirements in Florida

Akerman LLP - HR Defense on 9/29/2021

Florida has imposed a substantial new reporting requirement on employers and businesses who utilize independent contractors. Businesses need to be prepared; the new requirement takes effect October 1, 2021....more

The Battle Continues: Prop 22 Struck Down, AB 5 Appealed

Manatt, Phelps & Phillips, LLP on 9/27/2021

The long-running battle over the classification of workers as independent contractors or employees in California continues, with a trial court judge striking down Proposition 22 and an appeal to the U.S. Supreme Court to...more

Orrick's 101 Employment Law in Germany Legal Q&A | the Many Pitfalls Of Using Contractors

Orrick, Herrington & Sutcliffe LLP on 9/23/2021

This Legal Q&A two pager gives an overview of the potential problems of using contractors and freelancers in Germany, in particular the risk of misclassification. Incorrectly classifying an employee as a contractor can have...more

Tightening the Vise: N.J. Further Expands Power to Thwart Employee Misclassification

Littler on 7/12/2021

On July 8, 2021, N.J. Governor Phil Murphy signed a package of bills expanding the power of the Department of Labor and Workforce Development (DOLWD) to enforce state wage, benefit and tax laws, and enhancing penalties for...more

U.S. DOL Signals Tougher Stance on Federal Classification of Workers as Independent Contractors

FordHarrison on 5/11/2021

On May 6, 2021, the United States Department of Labor (DOL) withdrew proposed rules set by the Trump Administration, which were originally intended to revise the test for classifying workers as independent contractors at the...more

DOL Withdraws Independent Contractor Rule

Burr & Forman on 5/11/2021

On May 5, 2021, the Department of Labor (DOL) announced a final rule to withdraw a Trump-era independent contractor rule for determining how to classify workers under the Fair Labor Standards Act (FLSA). The DOL stated that...more

Department of Labor Officially Withdraws Trump-Era Independent Contractor Final Rule

Benesch on 5/10/2021

On May 5, 2021, the U.S. Department of Labor withdrew the pro-business Independent Contractor Final Rule published in the final days of President Trump’s administration. This withdrawal follows the Department of Labor’s...more

DOL Officially Axes Independent Contractor Rule of Previous Administration

Pullman & Comley - Labor, Employment and... on 5/10/2021

It’s official – the U.S. Department of Labor has withdrawn the Independent Contractor Rule that was to become effective on May 7th. The rule – proposed by the DOL during the Trump administration – had overwhelming support...more

DOL announces withdrawal of Trump administration independent contractor rule

Bricker Graydon LLP on 5/5/2021

On May 5, 2021, the Department of Labor (DOL) confirmed it is withdrawing the rule promulgated under the Trump administration addressing how to determine whether a worker is an employee or independent contractor under the...more

The PRO Act’s Changes to ‘Independent Contractor’ Status: Unraveling the US Economy

Morgan Lewis on 4/28/2021

The Protecting the Right to Organize Act, or PRO Act (H.R. 842, S. 420), would make extensive changes in US labor laws, including the PRO Act’s reformulation of “independent contractor” status. This is not a mere technical...more

West Virginia Enacts Legislation to Clarify Worker Classification

Littler on 4/12/2021

Governor Jim Justice recently signed into law Senate Bill 272, the West Virginia Employment Law Workers Classification Act (the “Act”), which goes into effect on June 9, 2021. The legislation provides standards for...more

DOL Proposes to Scrap Employer-Friendly Independent Contractor Rule

Pullman & Comley - Labor, Employment and... on 3/19/2021

The Department of Labor (DOL) has officially published its notice proposing to withdraw the new rule – issued two weeks before the change in Presidential Administrations – allowing employers to more easily classify workers as...more

California Supreme Court Holds “ABC Test” For Independent Contractors Applies Retroactively

Polsinelli on 1/21/2021

On January 14, 2021, the California Supreme Court held that the “ABC Test” for classifying workers as independent contractors applies retroactively. The high court first articulated this standard, which makes it tougher for...more

California Supreme Court Reaffirms that ABC Test is Retroactive

Littler on 1/19/2021

On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior...more

California Supreme Court Affirms That The Dynamex (A-B-C) Test Applies Retroactively

CDF Labor Law LLP on 1/15/2021

Since April 2018, when the California Supreme Court issued its Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018) decision, which radically changed the way in which courts differentiated between an...more

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