News & Analysis as of

Independent Contractors Former Employee

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 -
DRI

Non-Compete Clauses and Professional Liability

DRI on

Non-compete provisions have long been viewed by employers as reasonable and appropriate velvet handcuffs on departing employees and as an unfair burden on competition by the departing employees. The purpose of non-compete...more

Baker Donelson

The End of Non-Competition Agreements? Not so Fast!

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The Federal Trade Commission (FTC) issued a final rule in a partisan 3-2 vote on April 23, 2024 prohibiting employers from binding most American workers to post-employment non-competition agreements (the "Final Rule")....more

Benesch

New York Poised to Ban Non-Compete Agreements

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The New York State Legislature recently passed a bill that, if signed by Governor Kathy Hochul, will prohibit businesses from entering into post-employment noncompete agreements with employees, independent contractors, or any...more

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

New York State Senate Passes Prohibitions on Non-Competes

Monumental changes to New York law on non-compete agreements appear imminent. On June 7, 2023, the New York State Senate approved two bills concerning non-compete agreements. ...more

Tucker Arensberg, P.C.

10 Common Employment Law Mistakes (Part 2 of 3)

The employment relationship is highly regulated.  Dozens of federal, state and local laws set standards for how employers must treat employees and handle employment matters. These laws change frequently and vary significantly...more

DarrowEverett LLP

The Hunger Games: Can Competition Be Stopped?

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On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

Dorsey & Whitney LLP

New York's Expanded Whistleblower Protection Law: What Changed in 2022?

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Sweeping amendments to New York’s whistleblower law took effect in 2022.  The law was amended to provide significantly greater protection from retaliation for individuals who raise concerns of employer wrongdoing. The amended...more

Jackson Lewis P.C.

Expanded Protections For Whistleblowers Require Strong Commitment to Compliance Programs

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With so much happening during the holidays, who wants to think about preventive steps and corporate compliance? Unfortunately, expansion of New York’s “whistleblower protection” laws coupled with the ongoing pandemic-related...more

Farella Braun + Martel LLP

New California Employment Laws in 2022

The California Legislature passed and Governor Newsom signed several new or amended employment laws covering topics ranging from non-disparagement and separation agreements, the California Family Rights Act, and warehouse...more

Jackson Lewis P.C.

Employee Whistleblower Protections Expanded Under New York Labor Law Section 740

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On October 28, 2021, Governor Hochul signed legislation which expanded the scope of whistleblower protection under New York Labor Law Section 740. The new amended law expands the scope of individuals protected, the...more

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

Reasonable Expansion? New York Passes Additional Whistleblower Retaliation Law

On October 28, 2021, New York Governor Kathy Hochul signed into law Senate Bill S4394A, which amends section 740 of the New York Labor Law (NYLL) to enhance protections for private-sector employees who allege retaliation for...more

Perkins Coie

California’s Supreme Court Confirms the Retroactivity of the ABC Test Established in the 2018 Dynamex Decision

Perkins Coie on

On January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc. The decision holds that the ABC test used to determine independent contractor versus employee status for purposes of...more

FordHarrison

Non-Compete News: Georgia Court Holds Contractor Owes Fiduciary Duty/Duty of Loyalty

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In late 2019, the Northern District of Georgia (Atlanta federal court) addressed the duties owed when an independent contractor leaves one trucking company to work for another. In Wind Logistics Prof’l v. Universal Truckload,...more

Seyfarth Shaw LLP

Survival by the Thinnest Margins: Potential Trade Secret Claims Post-Texas TCPA Amendments

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Effective on September 1, 2019, the 86th Texas Legislature’s amendments to the Texas Citizen’s Participation Act, Texas Civil Practices and Remedies Code Chapter 27 (“TCPA”) essentially removed the vast majority trade secret...more

BakerHostetler

Washington State’s New Noncompetition Laws

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Washington state employers that rely on noncompetition agreements will face a dramatically different legal landscape beginning Jan. 1, 2020, when a new noncompetition law takes effect....more

Adler Pollock & Sheehan P.C.

Noncompetes with Massachusetts Employees: Subsidizing a Former Employee’s “Garden Leave”

Effective October 1, 2018, employers in Massachusetts, Rhode Island, and other states seeking to hold Massachusetts employees to noncompete agreements must meet the requirements of a new law passed by the Massachusetts...more

Proskauer - California Employment Law

California Employment Law Notes - May 2019

Strict Independent Contractor Test Applies Retroactively - Vazquez v. Jan-Pro Franchising Int'l, 2019 WL 1945001 (9th Cir. 2019) - Last year, the California Supreme Court in Dynamex Ops. W. Inc. v. Superior Court, 4...more

Fisher Phillips

Washington’s New Non-Compete Bill Brings Challenges For Employers

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Finding that “workforce mobility is important to economic growth and development,” Washington just passed a new law that will significantly restrict noncompetition agreements with both employees and independent contractors....more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

FordHarrison

Non-Compete News: In Georgia, Whether It Is a Non-Compete or a Non-Solicit Makes All the Difference

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Georgia’s Restrictive Covenants Act (the “RCA”) became effective in May 2011, but it took nearly six years before a court published a decision interpreting the statute in the context of a non-competition provision....more

Locke Lord LLP

Meet the New Noncompete Law in Massachusetts: FAQs

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Click here for PDF No. The Act applies only to agreements entered into on or after October 1, 2018. Agreements entered into previously are unaffected. Pre-existing agreements do not need to be amended to comply with the new...more

Verrill

New Massachusetts Noncompetition Act: What Employers Need To Know

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Massachusetts recently enacted a new statute that significantly changes the treatment of noncompetition agreements under Massachusetts law. The Massachusetts Noncompetition Agreement Act (the “Act”) is effective October 1,...more

K&L Gates LLP

Sweeping Changes to Noncompetition Agreements in Massachusetts

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Massachusetts has enacted a new law, the Noncompetition Agreement Act (the “Act”), which imposes a significant number of new requirements that employers will have to fulfill in order to enforce noncompetition agreements...more

Roetzel & Andress

Competing In The Commonwealth: New Non-Compete Law Brings Big Changes To Massachusetts

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Massachusetts has passed legislation that significantly limits the enforceability of non-competition agreements. The Massachusetts Noncompetition Agreement Act (“the Act”) will take effect on October 1, 2018, and will apply...more

Amundsen Davis LLC

Massachusetts Adds More Limits To Non-Competition Agreements

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If you are an employer with employees or independent contractors in Massachusetts, it is about to get much more burdensome to protect your customer contacts and trade secrets. In sweeping legislation affecting all employers...more

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