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Independent Contractors European Union

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

Provisional Deal Reached on the EU Platform Work Directive, With Changes on Worker Classification Test, Stricter AI Rules

European Union policymakers reached a provisional agreement on the Platform Work Directive on March 11, 2024, which reveals significant concessions on the classification of digital platform workers as employees or independent...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

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

Digital Platforms, Beware of the Evolving EU Platform Work Directive

After more than two years of legislative highs and lows for the European Union’s proposed Platform Work Directive, the EU may be inching closer to adopting regulations on the classification of platform workers, such as...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2023

New York, Minnesota and NLRB Act To Limit Noncompetes - New York Legislature Passes Bill To Ban Post-Employment Noncompetes - On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...more

Fisher Phillips

European Union Proposal Presumes Platform Workers Are Employees

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Since the start of the coronavirus pandemic, platform workers have played an increasingly significant role in the global economy, which prompted the European Commission to propose a set of measures meant to improve their...more

Faegre Drinker Biddle & Reath LLP

Recent Developments in Irish Employment Law

There have been several developments in Irish employment law in recent months. These developments include requirements for gender pay gap reporting, expanded protections for whistleblowers, family leave and flexible work...more

Morgan Lewis - Tech & Sourcing

Labor and Employment Law Issues in UK and EU Outsourcing Transactions, Part 2: A Conversation with Lee Harding

Welcome to the conclusion of our two-part Spotlight post with Lee Harding in which we discuss key employment/labor and employment law issues in relation to UK and EU outsourcing transactions. In Part 1, we talked about key...more

King & Spalding

Important Court of Appeal Decision on Historic Holiday Pay Claims

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Key Takeaways for Employers - The UK’s Court of Appeal has issued a significant holiday pay decision, Smith v Pimlico Plumbers [2022] EWCA Civ 70, ruling that workers who were misclassified as independent contractors can...more

White & Case LLP

Platform workers: The European Commission proposes a presumption of employment

White & Case LLP on

On 9 December 2021, the European Commission presented a proposal for a directive aimed at harmonizing the legal status of platform workers in the European Union, in particular by establishing a presumption of salaried status....more

Littler

Littler Global Guide - Germany - Q4 2021

Littler on

Infection Protection Act Amended - New Legislation Enacted - According to the amendments to the Infection Protection Act, which came into force on November 24, 2021, and apply until March 19, 2022, employers and employees...more

Seyfarth Shaw LLP

EU Platform Worker Directive - Gig Economy in EU’s Sights

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The growth of tech companies, through which an ever growing number of platform workers provide services (commonly referred to as the ‘gig economy’), has led to an increased focus on this business model. The model is...more

Littler

EU Proposes New Legislation to Protect “Digital Labor Platform” Workers from Status Misclassification

Littler on

Over 28 million people in the EU currently work through digital labor platforms. By 2025, this number is expected to reach 43 million. The rise of digital labor platforms (i.e., what is often referred to as the “gig” or...more

Eversheds Sutherland (US) LLP

Tread carefully: Global pay and employee benefits traps for the unwary

This briefing highlights a number of international pay and employee benefits legal issues that carry potentially severe penalties. Each of these issues is well worth a review now to avoid future consequences. International...more

Seyfarth Shaw LLP

Digital Platform Workers in Europe - Recent Developments

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The expansion of the so-called “gig economy” has caused big changes to the labor market in Europe in the last 15 years. This is particularly apparent in the digital platform sector. Companies like Uber and Just Eat which...more

King & Spalding

The Big Questions for Employers in the UK for 2021

King & Spalding on

2020 was a year of exceptional change for employers and their staff. As the pandemic unfolded, businesses navigated their way through adjusting to a remote workforce to furloughing to creating COVID-secure workplaces and...more

Hogan Lovells

Collective bargaining for the self-employed – a tough gig?

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On 6 January 2021, the European Commission published an "Inception Impact Assessment" seeking feedback on an initiative aimed at defining EU competition law's scope of application to "self-employed" workers (in advance of an...more

Morgan Lewis - Tech & Sourcing

European Digital Services Act to Be Published in December 2020

This month the European Commission (Commission) is expected to publish the Digital Services Act (DSA), a package of EU legislation intended to modernize the legal framework for digital services in the European Union. ...more

Morgan Lewis

High Court: UK Government Failed to Implement EU Health and Safety Directives for ‘Limb B Workers’

Morgan Lewis on

In a judgment handed down on 13 November 2020, the High Court held that the UK government failed to provide workers with the right not to be disadvantaged for taking steps in response to serious and imminent danger and did...more

Fisher Phillips

July 2020: The Top 17 Labor And Employment Law Stories

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 have been an unprecedented number of changes for the past few years—and this past month...more

Robins Kaplan LLP

Financial Daily Dose 7.15.2020 | Top Story: America’s Biggest Banks Setting Aside Tens of Billions for Anticipated Loan Losses

Robins Kaplan LLP on

The latest quarterly reporting shows that America’s biggest banks—among them, JPMorgan, Citigroup, and Wells Fargo—are taking self-imposed hits now in anticipation of a “wave of loan losses” later. Those three are...more

Orrick, Herrington & Sutcliffe LLP

Legal Q&A | The Many Pitfalls Of Using Contractors

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

Robins Kaplan LLP

Financial Daily Dose 5.27.2020 | Top Story: AT&T Officially Enters Streaming Wars With Its Pricey HBO Max Offering

Robins Kaplan LLP on

With HBO Max entering the fray today, we’ve got your latest dispatch from the streaming wars, including thoughts on Max’s ability to deliver on its promise to “crush” Netflix despite a very crowded playing field, a spendy...more

Hogan Lovells

Overview of EU, German federal and German states’ financing measures for companies responding to COVID-19

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In response to the economic effects of the COVID-19 pandemic and market uncertainty, plethora of financing measures was introduced at EU level, German federal level and German states levels. In their joint effect, these...more

Robins Kaplan LLP

Financial Daily Dose 3.19.2020 | Top Story: Second COVID-19 Relief Package Now Law But Market Chaos Remains

Robins Kaplan LLP on

Late action by the Senate to pass a second COVID-19 relief package (that the White House soon signed) may [key word may] help markets yo-yo back upward today after a dismal Wednesday driven by crazy-low oil prices (West Texas...more

Littler

2020 Vision in the UK – A Look at the Year Ahead

Littler on

Well, first of all, the UK is going to get Brexit done! What this will feel like after years of wrangling will remain to be seen. There are some reports that Boris Johnson’s newly elected government is squaring up for a...more

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