News & Analysis as of

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 -
Weber Gallagher Simpson Stapleton Fires &...

Not Our Week: Three NY Third Dept. Decisions, All Headwinds for the Defense

Two new 3rd Dept. workers’ compensation cases this week plus one Unemployment Insurance decision on independent contractor status. None of them are good for the defense....more

Best Best & Krieger LLP

2026 California New Laws: Key Updates & Practical Impacts – Labor & Employment Law

Each year, California enacts a number of new laws impacting employers across the state. New legislation for 2026 includes significant updates affecting wages and compensation, labor relations and enforcement, personnel...more

Davis Wright Tremaine LLP

New York Trapped at Work Act Update

New York employers who require repayment of signing bonuses and tuition payments from employees who voluntarily resign within a given period of time after payment may breathe a sigh of relief. Notwithstanding the breadth of...more

Amundsen Davis LLC

Independent Contractors in Wisconsin Can Create Additional Liability for Employers in the Form of Negligent Supervision Claims

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In Wisconsin, negligent supervision claims are only available when there is an employer-employee relationship. Independent contractor (“IC”) or agency relationships do not suffice and, crucially, the individual must be an...more

Foley & Lardner LLP

The Importance of Internal Wage and Hour Audits

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Wage and hour class and collective action claims remain some of the most common employment claims. In a regulatory environment where the federal Department of Labor (DOL) is operating with diminished resources, it is likely...more

Conn Maciel Carey LLP

[Webinar] Employer Compliance with Workplace Laws in 2026: A Discussion of DOL, NLRB, and EEOC Priorities - February 11th, 1:00 pm...

Conn Maciel Carey LLP on

This timely presentation provides an overview of the federal regulatory and enforcement landscapes that will shape employers’ obligations and workplace practices in 2026. More than a year into the second Trump Administration,...more

Polsinelli

Are Brand Ambassadors Really Independent Contractors?

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Key Highlights - Brand ambassadors and influencers can present growing misclassification exposure. Luxury, retail and hospitality brands increasingly rely on short-term, brand-facing talent and when these workers are...more

Thompson Coburn LLP

NYC Employers: Prepare for Mayor Mamdani’s Worker-Centric Agenda

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During New York City Mayor Zohran Mamdani’s inaugural address and press conferences, he has often discussed his worker-centric agenda. While the Mamdani Administration’s initial focus will be on the gig economy, such as...more

Seyfarth Shaw LLP

Amendments to New York “Trapped at Work Act” Pass Legislature

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The bill amending New York’s Trapped at Work Act (“Act”) has now passed both chambers of the New York State Legislature. When Governor Hochul signs the legislation, as expected, various clarifications will become law, and...more

Maynard Nexsen

New Year, New Minimum Salaries for Non-competes in Some States

Maynard Nexsen on

While the Federal Trade Commission no longer seeks to ban non-competes nationwide, individual states continue adding limits on restrictive covenants including non-competition provisions and non-solicitation provisions. One...more

Hinshaw & Culbertson - Employment Law...

How Employers Can Comply With New York’s Ban on Stay-or-Pay Agreements

Signed into law on December 19, 2025, New York’s Trapped at Work Act (the “Act”) prohibits employers from having workers execute employment promissory notes that require workers to “repay” employers if they leave their job...more

Jackson Lewis P.C.

Independent Contractor Factors + Other NJDOL Proposals Paused as Part of Governor’s EO

Jackson Lewis P.C. on

On Jan. 23, 2026, New Jersey Gov. Mikie Sherrill issued an executive order (EO) impacting numerous proposed regulations and rules that either have been proposed within the past 12 months or remained pending for the last 18...more

Jackson Lewis P.C.

The Year Ahead 2026

Jackson Lewis P.C. on

As the administration enters its second year, employers face a fast‑shifting mix of federal priorities and the state‑level and market responses they prompt. The Year Ahead 2026 connects the dots across agencies,...more

Constangy, Brooks, Smith & Prophete, LLP

Sticky situation: Phlebotomists’ OT pay win has 3 lessons about “independent contractors”

A federal judge in Michigan has granted summary judgment to a group of phlebotomists who alleged that they had been misclassified as independent contractors and improperly denied overtime pay. For the uninitiated, the entry...more

Seyfarth Shaw LLP

New York City Enacts Various Laws Regulating App-Based Delivery Platforms

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New York City is poised to continue its aggressive regulation of online delivery platforms. Through the NYC Department of Consumer and Worker Protection (DCWP), the City already requires delivery platforms either to (1) pay...more

Mintz - Employment Viewpoints

Ontario Employment and Pensions Law 2025 Wrap-Up and What to Expect in 2026

As we enter the opening days of 2026, here are some recent changes to employment and pensions law, as well as some upcoming developments, about which provincially-regulated and federally-regulated employers in Ontario should...more

Conn Maciel Carey LLP

Reading the Tea Leaves: What are the Wage and Hour Division’s Priorities in Year Two of Trump 2.0

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With a little more than a year of the Second Trump Administration in the books, we are getting a better idea of the President’s priorities, including at the U.S. DOL’s Wage and Hour Division (“WHD”). Rulemaking plans...more

Proskauer - California Employment Law

Lower Court Erred in Calculating Unpaid Wages and Assessing Manager’s Liability

Laurence Iloff performed maintenance on various structures that were located on property that was owned by Bridgeville Properties, Inc. (BPI) and managed by Cynthia LaPaille. Under an informal arrangement, Iloff’s employers...more

Proskauer - California Employment Law

Strip Club Dancer Could Proceed With FLSA Retaliation Claim

Zoe Hollis sued a Portland, Oregon strip club called Sassy’s under the Fair Labor Standards Act (FLSA) for misclassifying its dancers as independent contractors rather than employees and for violating corresponding wage and...more

Phelps Dunbar

Independent Contractor or Employee? Eleventh Circuit Says Real-World Facts – Not Contracts – Decide

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The Eleventh Circuit Court of Appeals gave more guidance to employers on the “economic reality test” used to distinguish employees from independent contractors under the Fair Labor Standards Act (FLSA). ...more

Vorys, Sater, Seymour and Pease LLP

Payback Policies Pivot: New York’s Trapped at Work Act and Pending Amendments

On December 19, 2025, New York Governor Kathy Hochul signed S. 4070, the “Trapped at Work Act,” creating Article 37 of the New York Labor Law (Labor Law §§ 1050–1055)....more

Offit Kurman

Starting a Business Made Simple: A Practical Toolkit

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Starting a business is exciting — but it can also feel overwhelming when you’re faced with critical decisions and don’t know where to begin. This toolkit is a practical, step-by-step guide designed specifically for new...more

Troutman Pepper Locke

Philadelphia’s Expanded and Amended ‘Ban-the-Box’ Law Takes Effect

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Philadelphia employers should review their criminal background investigation practices and procedures in light of recent amendments to Philadelphia’s Fair Criminal Record Screening Standards Ordinance (FCRSS) that took effect...more

Davis Wright Tremaine LLP

New York State's Trapped at Work Act Takes Effect

Companies in New York State must review their agreements with their workers to comply with new rules concerning "pay or stay" agreements. Specifically, New York's Trapped At Work Act bans companies from requiring workers to...more

Walkers

Looking ahead to 2026 What employers need to know

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As we move into 2026, employers, HR professionals and employees alike are preparing for a variety of different changes affecting the workplace. The coming year will see major reforms affecting pensions, pay transparency,...more

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