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Independent Contractors American Arbitration Association

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 -
Holland & Knight LLP

Uber Loses Appeal Challenging $91 Million in Mass Arbitration Fees

Holland & Knight LLP on

The Appellate Division of the New York Supreme Court just issued the latest significant ruling in the mass arbitration space, a litigation trend that has been gaining notoriety over the last year and a half....more

BakerHostetler

Food Delivery Driver Opinion Sheds More Light on the FAA Exemption and Use of CPR Arbitration Rules

BakerHostetler on

Plaintiff Jacob McGrath filed a nationwide Fair Labor Standards Act (FLSA) action ultimately involving approximately 4,000 food delivery drivers for DoorDash Inc. alleging that the drivers, known as “Dashers,” were...more

Fisher Phillips

Gig Worker’s Hopes Of Arguing Case In Court Are Dashed By Arbitration Agreement

Fisher Phillips on

A delivery driver for gig economy company DoorDash has been ordered by the 5th Circuit Court of Appeals to take his misclassification case to a private arbitrator instead of court pursuant to a valid arbitration agreement he...more

BakerHostetler

Independent Contractor Trucker Dodges FAA Arbitration and Keeps His Class Action Alive

BakerHostetler on

In Oliveira v. New Prime, Inc., No. 15-2364 (May 12, 2017), the U.S. Court of Appeals for the First Circuit confronted two arbitration-related questions of first impression in that Circuit. In the case, Dominic Oliveira had...more

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