News & Analysis as of

Independent Contractors

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 -

Fashion Trends for Design Professionals: Wearing Many Different Hats

by Faegre Baker Daniels on

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

Gig U: California College Begins Offering Gig Economy Classes

by Fisher Phillips on

With each passing day, it is becoming increasingly evident that the gig economy is here to stay. Therefore, it should not come as a surprise that institutions of higher education have begun thinking of ways to educate...more

Fifth Circuit Addresses Scindia Duties on Summary Judgment and the West Caveat Sending Case Back to District Court

by Baker Donelson on

In another recent case on the Scindia duties, the Fifth Circuit Court of Appeals in Manson Gulf, L.L.C. v. Modern American Recycling Service, Inc., remanded a case dismissed by the District Court for the Eastern District of...more

Labor Law 2017: Year in Review

by McGuireWoods LLP on

As a new administration took the reins for the first time in eight years, employers, employees, unions, labor lawyers and observers alike all wondered what to expect from President Donald J. Trump. Would he govern much like...more

On-Demand Workers Help Both David and Goliath: Small Businesses Owners Continue to Embrace The Gig Economy in 2018

by Fisher Phillips on

Amidst all of the year-end articles recapping the world of labor and employment law and predicting the upcoming legal trends for the year-to-come, Bloomberg BNA identified “The Gig Economy and Flex Work” as one of the top...more

Uber and Out… Gig is Up for Digital Worker

by K&L Gates LLP on

On 21 December 2017, Deputy President Val Gostencnik of the Fair Work Commission issued a decision in the matter of Michail Kaseris v Rasier Pacific V.O.F., an unfair dismissal application in which the jurisdiction of the...more

PA Requires Oil and Gas Lessees to Withhold State Income Taxes from Nonresident Lessors

by Steptoe & Johnson PLLC on

Under Act 43 of 2017 beginning January 1, 2018, anyone that pays Pennsylvania-source non-employee compensation or business income to a non-resident individual or disregarded entity that has a non-resident member, and is...more

Labor Department Initiative Could Permit Gig Workers To Obtain Healthcare Benefits

by Fisher Phillips on

Among my list of “must-read” workplace law summaries is the weekly “Punching In” column put out by Chris Opfer and Ben Penn over at Bloomberg Law’s Labor and Employment Blog every Monday morning. This week’s edition contains...more

II-25 – Top 10 New Year’s Resolutions for Employers in 2018

by Cozen O'Connor on

From federal agency changes to anticipated developments in sexual harassment, paid leave, overtime, and marijuana use, this episode of Employment Law Now provides ten issues that employers should resolve to understand in the...more

What to Expect in 2018 in the Law of Independent Contractor Misclassification and Compliance (Part 2)

by Locke Lord LLP on

2017 was notable for a shift in the law of independent contractors. Part 1, discussed five key legal developments from 2017. Part 2, below, offers readers predictions of what to expect in 2018 in this area of the law. Both...more

Five Key Independent Contractor Legal Developments in 2017 – and What to Expect in 2018 (Part I)

by Locke Lord LLP on

2017 was notable for a shift in the law of independent contractors. Part 1, below, discusses five key legal developments from 2017 you should be aware of. Part 2, which will follow tomorrow, offers readers predictions of what...more

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

by Fisher Phillips on

Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more

Women Who Gig

by Fisher Phillips on

In 2017, we saw how women across the globe have been using the gig economy as a means of gaining some financial independence. A recent report by the Overseas Development Institute even explored how the gig economy is...more

Grubhub Trial Decision Could Be Delayed For A Very Scary Reason

by Fisher Phillips on

The first few days of 2018 might not be going to plan for those gig economy businesses hoping that the new year might bring some relief in the seemingly never-ending misclassification struggle. As we sit on pins and needles...more

December 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

There were no notable settlements in independent contractor misclassification class action cases that came to our attention last month, but there was an array of significant IC cases in various stages of litigation. Two of...more

New Tax Reform Law Will Benefit Freelance Workers And Lead To Further Growth Of Gig Economy

by Fisher Phillips on

We recently ran an article about some major developments that will impact all employers as a result of the recently passed tax reform bill. But now you might be asking what specific changes might be in store for gig economy...more

The Gig Economy Provides 3 Innovative Solutions For Employers

by Fisher Phillips on

Many aspects of the workplace are very different now from the way they used to be just a few short years ago. The number of American workers breaking away from the typical 9-to-5 grind in favor of freelance gigs continues to...more

Safety Concerns Arise After Tragic Death Of Young Gig Worker

by Fisher Phillips on

Last month, 19-year-old Antawani Wright-Davis, who worked as a bicyclist delivering food for an app-based food delivery service, was struck and killed by a dump truck while working in Boston. Because of Wright-Davis’ status...more

Technology and Trends in the Healthcare Industry, Part II: Answers on Independent Contractor Status for Healthcare Employers

With the rise of apps and websites providing on-demand healthcare, there is little doubt that the use of independent contractors is a hot topic in the healthcare industry. The ability of skilled professionals to freelance is...more

The NLRB Restores Pre-Browning- Ferris Joint Employer Standard

by Steptoe & Johnson PLLC on

The joint employer standard, which is used to determine the extent to which one employer may become liable for obligations of another, has long been a very politically-charged issue. It therefore comes as no surprise that...more

NLRB Changes Standard for Joint Employment

Longtime readers of this blog and attendees of our seminars are well aware that, in recent years, the National Labor Relations Board (NLRB) has not been particularly kind to employers. Whether it’s implementing the “quickie”...more

Federal Employment Taxes: Employee-Independent Contractor Issues (Part 5)

by McNair Law Firm, P.A. on

Section 530 Relief - Employers that have workers which the employer classifies as “independent contractors” (Form 1099) risk having these workers reclassified by the IRS as employees. This is a major audit area for the...more

New Jersey Commissioner of Labor Clarifies the Owner-Operator Exemption under the State's Unemployment Law

by FordHarrison on

On December 11, 2017, the Commissioner of the New Jersey Department of Labor and Workforce Development, Aaron Fichtner (the “Commissioner”), ruled that the New Jersey Unemployment Compensation Law’s (NJUCL) exemption for...more

GC Memorandum 18-02 Suggests A More Sane Approach To Independent Contractors

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated...more

Monthly Update - Australian Labour & Employment - November 2017

by Jones Day on

MESSAGE FROM THE EDITOR - In this edition of the Update, we report on Woolworths' commitment to identify and address human rights risks in its Australian supply chains. We then discuss a class action expected to be lodged...more

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