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Independent Contractors Contractors Construction Industry

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 -
Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights - Issue 7, July 2023

Q&A with the Carolina Small Business Development Fund - We are fortunate to have connected with Kevin Dick, the President & CEO, and Emily Blevins, Marketing & Communications Director, of the Carolina Small Business...more

DirectEmployers Association

OFCCP Week In Review: June 2023 #2

Monday, June 5, 2023: Based on Either An Unannounced OFCCP Policy Change Or Error, OFCCP Published A CSAL Identifying 250 “Construction Contractors” For Audit - Via an email to stakeholders, OFCCP announced the publication...more

Cohen Seglias Pallas Greenhall & Furman PC

The Delaware Contractor Registration Act: What Businesses Should Know

In efforts to reduce worker misclassification, the State of Delaware recently enacted the “Delaware Contractor Registration Act,” which requires all businesses performing construction services or maintenance in Delaware to...more

Weber Gallagher Simpson Stapleton Fires &...

What Delaware Contractors Need to Know About the August 1, 2021 Deadline for Registration and the Contractor Registration Act

This is not a drill! (And this pun is intended). All businesses who perform construction or maintenance services in Delaware must register for the new Delaware Contractor Registry by August 1, 2021....more

Shutts & Bowen LLP

COVID-19 Stimulus Relief and the Construction Industry

Shutts & Bowen LLP on

The $908 billion stimulus package (COVID-19 Relief Package 2.0) that was signed into law on December 27, 2020, which was attached to a $1.4 trillion spending bill to fund the federal government through September, was an...more

Cohen Seglias Pallas Greenhall & Furman PC

PA Construction Legislative Update

Harrisburg has seen a number of proposed bills during the past few weeks, many of which will have significant legal impacts on the construction industry. On the top of the list is an anti-indemnity statute that would put...more

Ward and Smith, P.A.

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

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

Faegre Drinker Biddle & Reath LLP

Fashion Trends for Design Professionals: Wearing Many Different Hats

With the rise in alternative project delivery systems, design professionals are often expected to provide services beyond those required under the “traditional mode.” As one may expect, this expansion of services can also...more

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

Red Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors

On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act...more

Snell & Wilmer

Arizona Court Clarifies Premise Liability

Snell & Wilmer on

In a recent Arizona Court of Appeals case, the court clarified the rules for liability of a property owner to a person injured on the premises. In Lee v. M & H Enterprises, Inc. and Wal-Mart Stores, Inc. (filed April 21,...more

Parker Poe Adams & Bernstein LLP

State and Federal Departments of Labor Joining Forces to Fight Employee Misclassification

Last month, major North Carolina newspapers ran a series of investigative reports alleging that construction companies with federal contracts routinely misclassify employees as independent contractors. While these articles...more

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