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Independent Contractors Discrimination

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 -
Littler

Littler Lightbulb: August Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Flaster Greenberg PC

Are Coaches Independent Contractors or Employees?

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An issue that all businesses grapple with is classifying the individuals performing work. Generally, there are two (2) types of individuals performing work: (1) Independent Contractors (1099) and (2) Employees (W-2). Some...more

Stark & Stark

Recent NJ Appellate Division Offers Guidance on Sexual Harassment of Non-Employees

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The New Jersey Appellate Division issued a decision which sheds light on the issue of whether an employee’s sexual harassment of a third-party (non-employee) could subject the employer to liability under the New Jersey Law...more

Paul Hastings LLP

New York Amends Law Affecting Settlements of Discrimination, Harassment, and Retaliation Claims

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On November 17, 2023, New York Governor Kathy Hochul signed Bill S4516 into law, which amends the requirements for non-disclosure and non-disparagement provisions in certain settlement agreements. Previously, New York law...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

Tonkon Torp LLP

Washington State Significantly Limits Nondisclosure and Nondisparagement Agreements

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Washington State’s “Silenced No More Act”—one of the nation’s strictest prohibitions against nondisclosure and nondisparagement agreements—went into effect on June 9, 2022. ...more

Jackson Lewis P.C.

Washington Legislature Passes Limits on Use of Nondisclosure, Nondisparagement Clauses in Employment

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The Washington legislature has passed the “Silenced No More Act,” which would limit all Washington employers’ use of nondisclosure and nondisparagement provisions in employment agreements....more

Bradley Arant Boult Cummings LLP

Plaintiff Gets Second Serve: 2nd Circuit Clarifies Joint Employer Test and Allows Security Guard to Amend Complaint

There has been a lot of discussion over the last few years about the joint employer test for liability under employment statutes. Whether it be Uber drivers in California or the back and forth over the Trump administration’s...more

McGlinchey Stafford

Eye On The Session, Pt. 2: Labor And Employment Summary Of Louisiana’s 2021 Legislation

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On May 11, 2021, we reported on a number of bills that were pending before the Louisiana legislature which, if signed into law, would have had a direct impact on employers. The bills included increased penalties for those who...more

Fox Rothschild LLP

The Must Have Fox Rothschild Guide To Doing Business In California (And It Is Free!)

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Getting ready to reopen in California and need a refresher on what makes California law “special”? Have plans to open an office/location somewhere in California and want to understand what laws apply and how they differ...more

Tonkon Torp LLP

Update On Proposed Oregon Legislation – What Employers Need To Know

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For this second installment in our legislative update series we have a status report on the employment-related bills discussed in our previous alert, as well as a survey of the bills that have since been introduced related to...more

K&L Gates LLP

Oregon Employment Legislation to Keep an Eye on This Year

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As the Oregon 2021 legislative session gets underway, there are several bills that, if passed, would have a significant impact on the employment landscape: lowering burden of proof requirements for employees bringing claims...more

Poyner Spruill LLP

Workplace Changes under the Biden Administration

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The transition of power from the Trump administration to the Biden administration is likely to bring a number of changes that will impact employers. This alert will discuss the changes that have already gone into effect as...more

Littler

Philadelphia Enacts Amendments to and Expands Coverage of its Background Screening Ordinances

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For years, Philadelphia has maintained ordinances substantially restricting employers’ use of criminal record and credit histories in employment screening.  These regulations are in addition to, not in lieu of, the federal...more

Tonkon Torp LLP

What The 2021 Oregon Legislature Has In Store For Employment Law

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The Oregon Legislature has now begun to meet for the 2021 Regular Session. We want to make you aware of a number of interesting bills which could impact the employment arena. It is too early to know which of these, if any,...more

DirectEmployers Association

OFCCP Week In Review: January 2021 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Constangy, Brooks, Smith & Prophete, LLP

Move Over, California! A Summary Of New Employee-Friendly Laws In Virginia

Until this year, most employers doing business in Virginia had to comply with very few employment laws beyond those at the federal level, and the overwhelming number of employment disputes in Virginia were resolved in federal...more

Jackson Lewis P.C.

California Supreme Court Cases Employers Should Watch In 2021

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While the California courts were relatively quiet during 2020, the California Supreme Court has a few heavy-hitting employment cases pending for 2021. Here are the cases employers should be watching in the new year and...more

Bradley Arant Boult Cummings LLP

US Regional Employment 2020: Tennessee - Chambers USA Regional Practice Guide

Law and Practice - The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal commentary on...more

Best Best & Krieger LLP

Best in Law: New 2020 Laws for Employers

Partner Joseph Ortiz Discusses Changes in the Southern California Newspaper Group - For California employers, 2020 brings sweeping changes to equalize the workplace. This playbook of new employment laws — aimed at...more

Littler

WPI State of the States – What did the Voters Decide?

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The November mid-term elections resulted in some significant power shifts at the state level. Six states (Colorado, Illinois, Maine, Nevada, New Mexico, and New York) that had been politically divided now enjoy a Democratic...more

Fisher Phillips

June 2017: The Top 15 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more

Littler

These Foolish Things – The Oddest Employment Issues of the Past Year

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Even outside the Capital Beltway, this has been a strange year. Those of us who handle labor and employment issues everyday often think we’ve seen it all—only to be proven wrong time and again. As April Fools’ Day approaches,...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

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On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Littler

Puerto Rico Approves Major Reform of its Employment Laws

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On January 26, 2017, the Governor of Puerto Rico approved the Labor Transformation and Flexibility Act (“the Act"). The Act makes substantial changes to virtually all existing Puerto Rico employment laws, including those...more

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