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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 -
K&L Gates LLP

US Supreme Court Unanimously Holds State-Line Crossing Not Required for FAA's "Transportation Worker" Exemption—Key Questions for...

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The US Supreme Court’s (the Court) unanimous decision in Flowers Foods, Inc. v. Brock1 closes the door on a significant employer-side arbitration argument, and it opens new uncertainty about which delivery workers remain...more

Littler

Bill Proposes Changes to Australia’s Fair Work Commission Procedure and General Protections Provisions

Littler on

On June 3, 2026, the Australian Government introduced into Federal Parliament the Workplace Relations Legislation Amendment (Building Cooperative Workplaces No. 1) Bill 2026 (Bill). If passed, the Bill will amend Australia’s...more

Carlton Fields

Small Savers, Big Future: Our Journey to TrumpIRA.gov

Carlton Fields on

To understand Executive Order 14403, titled “Promoting Retirement-Savings Access for American Workers by Establishing TrumpIRA.gov,” issued by President Trump on April 30, 2026, it is helpful to understand the government’s...more

Jackson Lewis P.C.

PR High Court Clarifies Approach to Enforcing Assigned Non-Competes + Exclusivity Provisions in Independent Contractor...

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In a significant decision for businesses operating in Puerto Rico, the Puerto Rico Supreme Court held in MCG Therapy Group, LLC v. Maestre Rivera, 2026 TSPR 56 (May 28, 2026), that a contractual non-compete provision may...more

Steven M. Sweat, Personal Injury Lawyers, APC

Last-Mile Delivery’s Safety Problem: The FMCSA Gap in the Amazon and FedEx Era

The package on your doorstep arrives faster than ever — and the system that put it there has quietly placed a new class of commercial vehicle on residential streets at a scale the law never anticipated....more

Snell & Wilmer

Prevailing Wage Law, Worker Classification, and Reimbursement: Lessons From Anton’s Services and Changes Under SB 809

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From worker classification to expense reimbursement, California employers must navigate a complex regulatory landscape to avoid the pitfalls of noncompliance and their costly consequences. This challenge particularly impacts...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Streaming Performers Win New Jersey Classification Fight Despite FLSA Loss

On May 29, 2026, the U.S. District Court for the District of New Jersey found that while a certified class of performers on an adult streaming platform was correctly classified as independent contractors under the federal...more

Lathrop GPM

New Jersey Appellate Court Remands Franchise Worker-Classification Decision Under ABC Test

Lathrop GPM on

The New Jersey Appellate Division remanded a final agency decision which concluded that janitorial franchisees of Coverall North America, Inc. were employees under the New Jersey Unemployment Compensation Law. Coverall N....more

Saul Ewing LLP

The NJDOL Officially Adopts ABC Test for Independent Contractors

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The New Jersey Department of Labor and Workforce Development (“NJDOL”) codified in regulation how the “ABC test” applies when determining whether a worker is an employee or an independent contractor under laws the Department...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Issues Controversial Final Regulations on ‘ABC Test’ for Independent Contractor Status

On May 5, 2026, following a yearlong rulemaking process, the New Jersey Department of Labor and Workforce Development (NJDOL) issued its final “ABC test” regulations, which become effective on October 1, 2026....more

Polsinelli

Supreme Court Expands FAA’s Arbitration Exemption to “Last-Mile” Delivery Drivers

Polsinelli on

Key Highlights - The U.S. Supreme Court unanimously held that the FAA’s transportation worker exemption may cover last-mile delivery drivers who deliver goods that originated out of state....more

Holland & Knight LLP

Food Delivery Drivers Misclassification Suit Can Proceed in Court

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In a unanimous decision written by Justice Neil Gorsuch, the U.S. Supreme Court held on May 28, 2026, that a worker who transports goods on an intrastate leg of an interstate journey can be exempt from arbitration under...more

Foley Hoag LLP

Supreme Court Expands FAA Exemption to Local Delivery Drivers in Interstate Supply Chains

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Key Takeaways: The Supreme Court unanimously held that workers who deliver goods entirely within a single state may still fall within the Federal Arbitration Act’s (“FAA”) exemption for workers engaged in interstate...more

FBT Gibbons LLP

Evolving Landscape of Non-Compete Agreements

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The legal landscape for non-compete agreements in the U.S. continues to shift, driven by increased regulatory scrutiny and significant state-level reforms....more

Mayer Brown

Supreme Court Clarifies That “Last Mile” Transportation Workers Who Don’t Cross State Lines Can Nonetheless Be Exempt From the...

Mayer Brown on

Flowers Foods, Inc. v. Brock, No. 24-935 - INTRODUCTION - Many companies rely on the Federal Arbitration Act’s protections of the enforceability of arbitration agreements, but the FAA contains an exclusion making the...more

Amundsen Davis LLC

“Last Mile” Drivers are NOT Covered by Mandatory Arbitration Agreements

Amundsen Davis LLC on

Employers that rely on transportation workers, delivery drivers, and gig drivers may face significantly increased litigation risk following a recent U.S. Supreme Court decision. In Flowers Foods v. Brock, the Court ruled that...more

Troutman Pepper Locke

Do Businesses Need to Reset Their Independent Contractor Relationships After New Decision Involving ‘Streamers’?

Troutman Pepper Locke on

Businesses using independent contractors (ICs) that reside in any state that has a so-called ABC test to determine a worker’s IC status, including all companies that operate with ICs on a nationwide basis, may be asking...more

Seyfarth Shaw LLP

Supreme Court Affirms the Transportation Worker Exemption Can Apply to “Last-Mile” Drivers, Allowing Them to Bypass Arbitration...

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The U.S. Supreme Court has resolved a circuit split, holding “last mile” drivers transporting goods within a single state can, but do not necessarily, fall within the transportation worker exemption under section 1 of the...more

Troutman Pepper Locke

Croissants, Contracts, and Compliance: When US Work Habits Meet French Law — Hiring to Firing Podcast

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In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter revisit the series Emily in Paris to explore what happens when American work habits meet French employment law. Joined by guest Fabienne Haas, a...more

FordHarrison

Supreme Court Expands FAA Transportation Worker Exemption

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Executive Summary: On May 28, 2026, the U.S. Supreme Court issued a unanimous decision in Flowers Foods, Inc. v. Brock broadening the scope of the Federal Arbitration Act’s (FAA) transportation worker exemption under 9 U.S.C....more

Bradley Arant Boult Cummings LLP

6 Common FLSA Mistakes Employers Continue to Make

You know the Fair Labor Standards Act (FLSA). It’s that 1938 law that says employers have to pay minimum wage and overtime. Oh, if only it were that simple. Despite being nearly a century old, the FLSA continues to trip up...more

Vedder

Supreme Court Issues Key Ruling on Federal Arbitration Act Exemption for “Last Mile” Drivers

Vedder on

Last week, in Flowers Foods, Inc. v. Brock, the Supreme Court of the United States “delivered” a ruling that will have a noteworthy impact on employers who have arbitration agreements and employees who play a significant role...more

Conn Maciel Carey LLP

What to Know About Recent Regulatory Efforts by the DOL

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Over the last several months, the United States Department of Labor (“DOL”) has been quite active in pursuing rulemaking efforts to address regulations that had been changed or rescinded during the Biden Administration....more

Benesch

SCOTUS Extends FAA Exemption To Last-Mile Drivers: What The Flowers Foods Decision Means For Motor Carriers

Benesch on

On May 28, 2026, the U.S. Supreme Court issued a unanimous decision in Flowers Foods, Inc. v. Brock, expanding reach of the Federal Arbitration Act’s (“FAA”) Section 1 exemption for transportation workers engaged in...more

Akin Gump Strauss Hauer & Feld LLP

New Jersey Department of Labor and Workforce Development Adopts Regulations Clarifying Application of New Jersey’s Existing...

Although the ABC test has long been New Jersey’s statutory standard for worker classification, the new rules provide guidance on how the NJDOL interprets and applies that test. The rules apply under various statutes the...more

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