News & Analysis as of

Independent Contractors Service Agreements

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 -
Amundsen Davis LLC

Contractual Choice of Law Provision Can’t Shield Employer From State Wage and Hour Class Action

Amundsen Davis LLC on

The Seventh Circuit Court of Appeals ruled last week that a contractual choice of law provision was irrelevant to whether workers were employees or independent contractors and to whether pay deductions were lawful....more

Lewitt Hackman

Franchisee 101: Jani-King Franchisees Wear Many Crowns

Lewitt Hackman on

Past and present franchisees of commercial cleaning service franchisor, Jani-King, brought claims for violation of Connecticut minimum wage and anti-kickback laws, and unjust enrichment. They claimed Jani-King misclassified...more

Benesch

InterConnect FLASH! No. 68 - Truth-in-Leasing Regulations Derail Motor Carrier’s Motion to Dismiss

Benesch on

As we are on the cusp of another football season throughout the country, where two-a-day practices and training camps are winding down, and final preparations are being made for the actual season, it may be worthwhile to...more

Sheppard Mullin Richter & Hampton LLP

Uber Drivers’ Class Action Lawsuit Hits Permanent Red Light

Last week, the ridesharing giant, Uber, secured a resounding legal win when a federal judge dismissed a putative class action lawsuit alleging the company violated the Fair Labor Standards Act by failing to pay drivers...more

Obermayer Rebmann Maxwell & Hippel LLP

Court Rules That UberBLACK Drivers Are Not Entitled to FLSA Protections Because They Are Independent Contractors

As Judge Baylson of the U.S. District Court for the Eastern District of Pennsylvania noted at the beginning of his opinion, “[t]his case is the first to grant summary judgment on the question of whether drivers for UberBLACK...more

Benesch

InterConnect FLASH! No. 55 - Disruptors Continue to Create Challenges for the Independent Contractor Business Model

Benesch on

Disruptors Continue to Create Challenges for the Independent Contractor Business Model - Our increasingly on-demand, technology-driven economy has been a petri dish for disruptive business models that are responsible...more

Benesch

The InterConnect FLASH! NO. 52 - Transportation Industry Independant Contractor Program Assessment

Benesch on

Worker classification and regulatory compliance issues have resulted in numerous, costly judgments and settlements in the transportation industry. With the year drawing to a close, and no end in sight as to the pressures on...more

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