News & Analysis as of

Independent Contractors Entertainment 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 -
Miles & Stockbridge P.C.

NLRB Independent Contractor Test Gives More Workers Union Organizing Rights

The National Labor Relations Board (“NLRB” or “the Board”) continued its course of reversing Trump-era law by issuing a decision last month that will make it easier for workers to establish “employee” – as opposed to...more

DarrowEverett LLP

The Show Must Go On: Entertainer-Employee Classification Takes Center Stage for Venues

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It’s spring 2023, live entertainment is back, and perhaps so is the Internal Revenue Service (“IRS”). The Inflation Reduction Act, signed into law on August 16, 2022, authorizes $80 billion in funding for the IRS over the...more

Fox Rothschild LLP

Can A Rocker Be An Independent Contractor? Does He Need A Written Contract?

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I read an interesting blog post by Emily Bushaw and Shannon McDermott in the Perkins Coie blog about a law in Washington State and independent contractor musicians. The Washington Employment Security Department (ESD) has...more

Arnall Golden Gregory LLP

Lights, Camera, Legal Action: Avoiding Employment Pitfalls in the Film and Studio Industry

In the wake of the deadly Rust tragedy last year, independent studios and production companies began revisiting their practices, policies, and attitudes regarding safety on set....more

Fisher Phillips

The Top 18 Workplace Law Stories from August 2021

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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

Hahn Loeser & Parks LLP

Performing Arts Venues, Movie Theaters, And Museums Shuttered By COVID-19 May Soon Apply For Federal Grants

Playhouses, music venues, movie theaters, museums, and other live performance spaces that have been largely shuttered for nearly a year as a result of COVID-19 will soon be eligible to apply for grants of up to $10 million...more

Seyfarth Shaw LLP

California Employment Legislative Update: Time for Governor Newsom to Get to Work

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Seyfarth Synopsis: The California Legislature has passed a series of employment-related bills for Governor Newsom to consider. He has until September 30 to approve or veto these bills, most of which relate to leaves of...more

Foley & Lardner LLP

It’s Groundhog Day: Esports Confronts Another #MeToo Moment

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Amidst the coronavirus pandemic that has disrupted traditional sports and the entertainment industry, esports and the broader video gaming industry seem to have barely missed a beat, perhaps even growing, as a world in...more

Akin Gump Strauss Hauer & Feld LLP

Reminder: New California Employment Laws Going Into Effect January 1, 2020

• Numerous new California laws going into effect on January 1, 2020, will impact employers and employees. • The most significant laws include a new employee classification law, extension of the statute of limitations for...more

Sheppard Mullin Richter & Hampton LLP

California AB 5 in Entertainment, Media and Advertising

As previously reported, Governor Gavin Newsom recently signed into law AB 5. The controversial law narrowing the classification of independent contractors was aimed at companies like Uber and Lyft. But what does it mean for...more

Littler

Shock and Awe! California Employers Face Onslaught of New Regulations

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With the usual flurry of activity at the end of the legislative session, California has enacted a slew of bills with labor and employment ramifications....more

Seyfarth Shaw LLP

California Employment Legislative Update: Governor Newsom Gets to Work

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Seyfarth Synopsis: The California Legislature has passed a series of bills for Governor Newsom to consider. He now has until October 13 to approve or veto bills such as a Dynamex codification bill and a San Francisco-inspired...more

Davis Wright Tremaine LLP

The Legal Pitfalls of Using “Freelancers” In The Entertainment Industry After The Dynamex Decision

The entertainment industry has long relied on temporary workers classified as independent contractors to provide flexibility in accommodating the project-by-project nature of the industry....more

Troutman Pepper

September 2016 Independent Contractor Misclassification and Compliance News Update

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The past month’s judicial and administrative activity in the area of IC misclassification reflects the wide range of industries facing these types of claims: communications; cleaning services; transportation and delivery...more

Sherman & Howard L.L.C.

Court Pulls Curtain on NLRB Ruling

The Eleventh Circuit Court of Appeals overturned the NLRB’s finding that stagehands in the Atlanta area were employees rather than independent contractors. The Court found that the NLRB repeatedly misapplied the law and...more

Troutman Pepper

June 2015 Independent Contractor Compliance and Misclassification News Update

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The month of June 2015 created more newspaper stories and blog posts on the subject of independent contractor misclassification than any other. Why? Uber lost an IC misclassification case and FedEx Ground agreed to pay $228...more

Littler

Nevada Supreme Court Adopts Economic Realities Test to Determine Employment Status

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Recently, the Nevada Supreme Court in Terry, et al., v. Sapphire Gentlemen's Club, reversed a lower court's ruling and held that performers at Sapphire Gentlemen's Club meet the definition of "employees" under the Nevada...more

BakerHostetler

Nevada Supreme Court Finds Class of Strippers Were Employees

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Given the extensive use of euphemisms in the exotic dancing trade, we’ll apologize in advance for any unintended puns. We’ve written on the issue of the classification of exotic dancers or strippers in the past [April...more

Orrick - Employment Law and Litigation

Shake It Off: Employer Misclassification of Exotic Dancers under the Fair Labor Standards Act

Recently, there’s been a wave of Fair Labor Standards Act (“FLSA”) rulings adverse to employers in the adult entertainment industry. Early this year, a Southern District of New York judge approved an $8 million settlement for...more

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