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Independent Contractors

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 -
Smith Gambrell Russell

‘Tis the Season for Celebration and the Annual Party Pooper’s Guide to the Holidays

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For employers, the holiday season often includes hosting annual parties, catering office luncheons, or distributing end-of-year gifts and bonuses. However, with these good tidings and cheers comes potential liabilities....more

Akerman LLP - HR Defense

Worker Classification in the Gig Economy: Legal Wins and Strategic Considerations for Employers

The gig economy continues to prosper, fueled by some recent legal wins, which have been delivered at a crucial juncture for businesses reliant on the flexibility and cost efficiencies that come with classifying workers as...more

Jackson Lewis P.C.

Florida Healthcare Provider Faces $1.19M HIPAA Penalty Following Independent Contractor Breach

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A healthcare provider delivering pain management services in Florida and other states faces a $1.19 million civil monetary penalty from the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR)....more

Locke Lord LLP

Due Diligence of a Target Company’s Independent Contractor Misclassification Risks by ‎Private Equity Firms

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Private equity firms regularly conduct due diligence of legal risks that could impact potential investments. Yet when considering whether to invest in a target company structured in whole or in part on an independent...more

Locke Lord LLP

How Health Care Systems Can Guard Against Independent Contractor Misclassification ‎Liability for Contract Nurses

Locke Lord LLP on

We can learn quite a lot from a legal challenge faced by other business organizations in the same industry. In September, we noticed that a large health care system operating in seven states west of the Mississippi had been...more

Perkins Coie

Compliance Tips for Retailers During the Holiday Season

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The holiday season marks the busiest time of the year for retailers. Filled with holiday cheer, many shoppers look forward to availing themselves of ever-enticing holiday deals. To fully capitalize on the most wonderful...more

Fisher Phillips

The 7 Biggest Things Retailer Employers Need to Pay Attention to During the Busy Holiday Season

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The holiday season is a whirlwind for retailers: packed stores, long hours, and the need for extra hands to meet demand. While your focus often centers on sales and customer satisfaction, ensuring compliance with employment...more

Greenberg Glusker LLP

Free-lancing or Fee-lancing? How to Keep Penalty-Free With Your Freelancers Under New California Law:

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The Freelance Worker Protection Act, which takes effect on January 1, 2025, sets minimum requirements for hiring independent contractors in California. Under the Act, a hiring party engaging a freelance worker for services...more

Fisher Phillips

Top 6 Workplace Law Developments Tech Employers Can Expect Under President Trump

Fisher Phillips on

Our firm has provided general perspectives on what employers can expect under the next Trump administration – but we are delving into core issues and opportunities for tech employers. Everyone expects President Trump and his...more

Fisher Phillips

Trump Shocks Employers by Tapping Chavez-DeRemer for Secretary of Labor: The 10 Things Employers Can Expect

Fisher Phillips on

President-elect Trump surprised the business community on Friday night when he announced Lori Chavez-DeRemer as his nominee to lead the U.S. Department of Labor. Her selection was met by skepticism by some in the employer...more

Fisher Phillips

Japan’s Sweeping New Freelance Act: What Employers Should Know + Your 6-Step Action Plan

Fisher Phillips on

The first-ever law protecting freelancers and independent contractors in Japan came into effect on November 1, requiring businesses that do work in the country to review their workplace practices and adjust as necessary. The...more

Jackson Lewis P.C.

New Jersey High Court’s Weichert Decision: Why Employers Should Review Their Independent Contractor Agreements Now

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New Jersey’s highest court has held that an agreement between a real estate brokerage and a real estate salesperson identifying the salesperson as an independent contractor excludes the salesperson from the New Jersey Wage...more

Husch Blackwell LLP

Staying Alive in 2025: The New California Labor and Employment Laws

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In 2024, Governor Gavin Newsom signed several bills impacting California employers, which go into effect on January 1, 2025. We discuss the most notable new laws affecting employers below. Increased Minimum Wage - As the...more

Locke Lord LLP

Newest State Independent Contractor Pay Protection Law Creates Uncertainties: October 2024 ‎IC Legal News Update

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The most significant legal development in the past month in the area of independent contractor compliance was the enactment of California’s Freelance Worker Protection Act, which goes into effect on January 1, 2025. We have...more

Jackson Lewis P.C.

Winds of Change at NLRB: Employer Guide for Upcoming Trump Administration

Jackson Lewis P.C. on

Employers can expect a definite shift in the National Labor Relations Board under the new Trump Administration. Following President Joe Biden’s 2020 election, labor and employment law practitioners saw sweeping legal...more

Venable LLP

From the White House to the Workplace: How Trump's 2024 Victory Could Reshape Labor and Employment Laws

Venable LLP on

America has made it across the finish line for the 47th time: Donald Trump has been elected the country's new president. The 2024 presidential election is set to have far-reaching implications for both employers and...more

Dechert LLP

2024 Election - Implications on Technology - Update

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Under the Trump administration, the real estate sector will likely face new circumstances defined by deregulation, leadership changes and tax reforms. While reduced compliance costs and regulatory burdens might pose...more

Dechert LLP

2024 Election - Implications on Life Sciences - Update

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With President-elect Trump announced as the winner of the 2024 election, the landscape of U.S. policy is poised for potential shifts that could significantly impact the life sciences sector. To a large degree, the extent to...more

Dechert LLP

2024 Election - Implications on Private Equity & Private Credit - Update

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With President-elect Trump announced as the winner of the 2024 election, the private equity and private credit sectors are poised for significant developments. Positive economic trends, such as waning inflation, anticipated...more

Fisher Phillips

Top 10 Workplace Law Developments To Expect Under President Trump

Fisher Phillips on

Now that we know Donald Trump will return to the White House as President, it’s time for employers to take a look at what they might expect during his second term in office. We have gathered insights from some of our firm’s...more

Conn Kavanaugh

When Employers Should Seek Employment Counsel: 7 Key Scenarios

Conn Kavanaugh on

Navigating employment laws can be challenging for businesses in Massachusetts. From hiring to termination, understanding this complex legal landscape is crucial to avoid costly mistakes. This article highlights seven key...more

Katten Muchin Rosenman LLP

Hydrochloric Acid, Sewage Backup, and the Use of Independent Contractors

A federal court in West Virginia has ruled – in case you had any doubts – that using an independent contractor to transport your product may not protect you from the exposure when 1,728 gallons of your hydrochloric acid...more

Locke Lord LLP

Federal Independent Contractor Law Will Hardly Be Impacted by a Change in ‎Administration, but State Laws Will Continue to Be...

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Many commentators will likely suggest that the law involving independent contractor misclassification will become more favorable to businesses and less favorable to workers with a change in the White House. While things will...more

Kilpatrick

Illinois Independent Contractors Afforded New Avenues of Wage Recovery

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Wage theft is a growing concern that poses significant threats to workers across Illinois and Chicago. This alert outlines recent legislative changes that expand the avenues for wage recovery for independent contractors,...more

CDF Labor Law LLP

[Webinar] New California Employment Laws and Developments for 2025 - November 20th, 10:00 am - 11:00 am PT

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Join us for a comprehensive, complimentary webinar on November 20, 2024, from 10:00 - 11:00 a.m. (Pacific), presented by CDF Partners Mark S. Spring and Nicole Legrottaglie Wohl. This “Year in Review” session will cover the...more

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