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Independent Contractors State and Local Government

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 -
Faegre Drinker Biddle & Reath LLP

Minnesota’s 2024 Legislation Updates: Employment Law

As we reported in an alert last year, in 2023 the Minnesota Legislature enacted sweeping changes to the employment law landscape through the Jobs and Economic Development and Labor Omnibus Budget Bill. Now, Governor Tim Walz...more

Perkins Coie

Washington State Tightens Noncompete Restrictions

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Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6,...more

Axinn, Veltrop & Harkrider LLP

Step Aside, FTC: NYC to Banish Non-Competes

The FTC's proposed ban on labor non-competes has loomed since January 2023, with a vote now scheduled for April 23, 2024 in a special Open Commission Meeting. New York City recently joined the growing number of states that...more

Seyfarth Shaw LLP

Amendments To Washington State’s Noncompete Statute Go Into Effect June 6, 2024

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Effective January 1, 2020, Washington enacted a noncompete statute which, among other things, required employers to satisfy notice obligations and compensation thresholds to use noncompete agreements with employees and...more

Dickinson Wright

No Vaccine, No Employment? Know Your State Law

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The new Texas ban on vaccine mandates may be just the start. COVID-19 vaccination mandates have been the subject of litigation and the target of state legislation since the vaccines became readily available. While several...more

Seyfarth Shaw LLP

Avoiding Fumbles and Penalties in California with Influencer Classification

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Seyfarth Synopsis: Collaborations with athletes, actors, and singers have always been a great way for companies to grow their brand recognition and create profitable products. With the Super Bowl (and, of course, its famed...more

Verrill

Department of Labor Releases Final Independent Contractor Status Rule

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On Tuesday January 9, 2024, the Department of Labor (DOL) published its final rule setting forth how worker classification (i.e., whether a worker is an employee or independent contractor) will be determined by the agency...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 1, January 2024

We are excited to kick off 2024 with more in-depth insights into the construction industry and legal issues that can impact your business. Our goal is to provide the most up-to-date information along with our thoughts and...more

BakerHostetler

Snakes! And Other Things to Watch for in 2024, Contingent Workforce Edition

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When playing professional sports in Australia, you’d better watch out for snakes. A venomous red-bellied black snake was spotted on the field at an Australian Football League Women’s match earlier this year, causing an...more

Jackson Lewis P.C.

Oregon Child Support Reporting Requirements Soon Will Include Employer Payments to Independent Contractors

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Recently enacted Oregon Senate Bill (SB) 184 soon will require employers to include independent contractors in their child support reporting requirements to the Oregon Division of Child Support of the Department of Justice....more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2023

New York, Minnesota and NLRB Act To Limit Noncompetes - New York Legislature Passes Bill To Ban Post-Employment Noncompetes - On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...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

Foster Garvey PC

Worker Classification in Light of Remote Workers May Need to be Revisited

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As I have discussed in prior blog posts (March 11, 2013, April 9, 2013 and December 9, 2013), worker classification has historically been a focus of attention of various government agencies as well as others. Misclassifying...more

Cozen O'Connor

Cozen Cities - December 21, 2022

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LOS ANGELES — Proposition 22: California Gig Companies, Workers Get Their Day in Appeals Court- For more than a year, the California voter-approved gig economy law known as Proposition 22 has hung in the balance after a...more

Fox Rothschild LLP

California’s Tectonic Plates Shift — Part III

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And so we come to the ultimate affront to franchising. Responding to strong lobbying efforts by the Service Employees International Union (SIEU), the California legislature passed the Fast Food Accountability and Standards...more

Fox Rothschild LLP

California’s Tectonic Plates Shift — Part II

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Signed into law on September 18, 2019 by Governor Gavin Newsom, Assembly Bill 5 (commonly known as AB-5), took effect on January 1, 2020. AB-5 codified the California Supreme Court’s June 2018 decision in Dynamex Operations...more

Bradley Arant Boult Cummings LLP

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2022 Edition

This year brought substantial progress in the way of slightly fewer positive COVID-19 cases and/or transmissions and increased vaccinations. Consequently, in the employment world many of you reopened your offices and invited...more

Perkins Coie

Seattle’s New Independent Contractor Protections

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Seattle’s new Independent Contractor Protections Ordinance (the Ordinance) took effect on September 1, 2022. The law requires certain employers to provide independent contractors with disclosures both before entering a...more

Stokes Wagner

Summer 2022 Georgia Employment Laws

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There are two Georgia employment laws effective this summer that employers should be aware of in reviewing their policies. Act 823: Protecting Georgia Businesses and Workers Act - The Protecting Georgia Businesses...more

Perkins Coie

July Tip of the Month: New York State’s Freelance Isn’t Free Act

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On June 2, 2022, the New York State Legislature passed the Freelance Isn’t Free Act (Act). Largely patterned after New York City’s own, identically named law, the Act would amend the New York Labor Law to specify, among other...more

Stoel Rives - World of Employment

Oregon Supreme Court Enforces Employment Arbitration Agreement

Oregon employers that require arbitration for employment-related disputes recently received some good news from the Oregon Supreme Court.  In Gist v. ZoAn Management, Inc., the Court rejected the plaintiff’s argument that his...more

Perkins Coie

Washington State's New Rideshare Law

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Governor Jay Inslee signed ESHB 2076 into law on March 31, 2022, making Washington the first state to require minimum per-trip payments, paid sick leave, and workers’ compensation benefits for rideshare drivers. The law also...more

Butler Snow LLP

From Contractor to Conflict: Independent Contractors and On-the-Job Injuries

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With the proliferation of mobile applications providing ride-share, third-party food delivery, and even same-day handyman services has come a national conversation about the use of independent contractors to carry out core...more

Perkins Coie

New Law Restricts Washington Employers From Using Nondisclosure and Nondisparagement Agreements

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Washington Governor Jay Inslee signed into law the Silenced No More Act (Engrossed Substitute House Bill 1795) on March 24, 2022, making Washington the second state in the nation after California to prohibit employers from...more

Sheppard Mullin Richter & Hampton LLP

NLRB to Decide Whether Misclassification Is Standalone Violation of the NLRA

The National Labor Relations Board (Board or NLRB) could reverse a 2019 decision holding that honest, albeit mistaken, classification decisions and announcements to employees do not violate the National Labor Relations Act...more

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