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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 -

Uber Drivers’ Class Action Lawsuit Hits Permanent Red Light

Last week, the ridesharing giant, Uber, secured a resounding legal win when a federal judge dismissed a putative class action lawsuit alleging the company violated the Fair Labor Standards Act by failing to pay drivers...more

NFL's Termination of Security Personnel Prompts Allegations of Age Discrimination

by Hinshaw & Culbertson LLP on

When former District of Columbia Police Chief Cathy Lanier stepped into her new role as security chief for the National Football League (“NFL”), she let it be known there was a “new sheriff in town,” a federal lawsuit...more

Avoid misclassification quagmires by understanding differences between contractors and employees

by DLA Piper on

When engaging a worker to perform paid work services, a first and critical step in the hiring process is the determination of the worker's status as an employee or independent contractor. Classification missteps can translate...more

Eleventh Circuit Determines Written Consent is Sufficient for FLSA Party Status

by Faegre Baker Daniels on

On Wednesday, April 18, 2018, the Eleventh Circuit held — in a case of first impression in every circuit — that an “opt-in” plaintiff need only file a written consent to become a party-plaintiff under the Fair Labor Standards...more

Defining Who Is Part Of The FLSA Collective Action Party

by Jackson Lewis P.C. on

It is a party that most employers don’t believe is a lot of fun: a FLSA collective action party. In a case of first impression, the Eleventh Circuit addressed the question of whether an opt-in plaintiff is required to do...more

Court Rules That UberBLACK Drivers Are Not Entitled to FLSA Protections Because They Are Independent Contractors

As Judge Baylson of the U.S. District Court for the Eastern District of Pennsylvania noted at the beginning of his opinion, “[t]his case is the first to grant summary judgment on the question of whether drivers for UberBLACK...more

Update: New York State Passes Budget, Creates New Sexual Harassment Obligations For Employers

On April 12, 2018, Governor Andrew Cuomo signed into law a 2019 New York budget implementing the provisions of S-7848A (the “Budget”). Beyond the obligations created by S-7848A, which we summarized in a previous post, the...more

Employment Alert: April 2018

by Hogan Lovells on

On-call duty performed by an employee in the place of residence combined with the obligation to be present quickly at the workplace upon an employer's request should be treated as "working time" – European Court of Justice...more

Judge Holds UberBLACK Drivers Are Independent Contractors, Not Employees

by Pepper Hamilton LLP on

On April 11, Judge Michael Baylson of the U.S. District Court for the Eastern District of Pennsylvania became the first judge to grant summary judgment on the issue of whether UberBLACK drivers are employees or independent...more

The California Second Appellate District Revisits the “Retained Control” and “Hazardous Condition” Exceptions to Privette

by Low, Ball & Lynch on

Luis Gonzalez v. John R. Mathis, et al. - Court of Appeal, Second District (February 6, 2018) - The Privette doctrine, protects the hirers of independent contractors from liability for workplace injuries involving...more

Another Misclassification Win For Gig Economy Businesses - Pennsylvania Federal Court Finds UberBLACK Drivers Are Contractors

by Fisher Phillips on

In another victory for gig economy companies reliant upon the independent contractor business model, a Pennsylvania federal court ruled on April 11th that a collection of UberBLACK drivers were properly classified as...more

Uber Scores Big Win in Independent Contractor Misclassification Case

by Locke Lord LLP on

Yesterday, Uber Technologies, Inc. won a watershed case under federal and state wage laws on the issue of whether Uber drivers are independent contractors, as the company has steadfastly maintained. A federal district court...more

"ITIN Contractors" – What North Carolina Construction Companies Need to Know to Minimize Risk

by Ward and Smith, P.A. on

As explained in an earlier article, the North Carolina Department of Revenue (the "NCDOR") has aggressively audited North Carolina construction companies on the issue of whether they are properly withholding with respect to...more

Blank Rome Alert—Gig Economy More Employer-Friendly? Ask Uber!

by Blank Rome LLP on

Spoiler alert! Yesterday, the U.S. District Court for the Eastern District of Pennsylvania handed Uber what the Court described as Uber’s first win on its independent contractor classification for one class of its drivers:...more

Insurance Industry Now Being Targeted for Independent Contractor Misclassification Lawsuits 

by Locke Lord LLP on

Independent insurance sales agents have been treated as independent contractors for decades. But recently, class action lawyers have begun to target insurance companies with claims that insurers have misclassified these sales...more

Web Exclusive: March 2018: The Top 13 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first three months...more

Feds Seek Gig Economy Aid To Help Provide Services To Veterans

by Fisher Phillips on

The growth and benefits of the gig economy are well documented. By some accounts, more than 31 million individuals in the U.S. workforce derive their primary income from the gig economy, and businesses continue to provide...more

Idaho Legislature Repeals 2016 Changes to Non-Compete Law

When a new business comes to town, when an existing business seeks to expand, or when a startup is making its way off the ground, it may want (or need) to recruit key employees from existing companies. That can be especially...more

March 2018 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

Last month, half of the cases that came to our attention in the area of independent contractor misclassification and compliance involved interesting issues concerning arbitration – and lessons for companies seeking to limit...more

Bill Banning Confidential Settlements and Mandatory Arbitration for Sexual Harassment Claims Passes New York Senate

On March 12, 2018, the New York State Senate passed S-7848A, a bill that, if enacted, would significantly change the legislative landscape for sexual harassment claims in the state. Most notably, S-7848A would: (i) prohibit...more

New York State Budget Includes Workplace Anti-Sexual Harassment Measures

The New York State Legislature and Governor Andrew Cuomo have reached agreement on a $168 billion budget deal for the 2019 fiscal year, which began on April 1, 2018. The budget includes several significant measures directed...more

Arbitrating Disputes Between Independent Contractors And Motor Carriers Under The FAA

by SmithAmundsen LLC on

On February 26, 2018, the United States Supreme Court granted the certiorari petition of a motor carrier in a case with wide-ranging implications for the enforcement of arbitration clauses in independent contractor agreements...more

Proposed California Law Would Establish Portable Benefits For Gig Companies And Address Misclassification Issue

by Fisher Phillips on

As we have previously discussed, one of the hottest gig economy issues to dominate political and public policy debate has been “portable” benefits – the concept that gig economy workers should have flexible, portable benefits...more

WPI State of the States: Pay Equity, Sexual Harassment Continue to Drive State Bills

by Littler on

While the surge of state-level legislation introduced in the first quarter of 2018 has waned, some significant labor and employment bills are advancing through their legislative chambers. ...more

The Hub: Transportation News & Insights - March 2018

by Wilson Elser on

Pre-trip Inspections: Are You Doing Enough? Every driver who earns a commercial driver’s license must demonstrate that he or she knows how to conduct a thorough pre-trip inspection. However, as technology on commercial...more

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