News & Analysis as of

Independent Contractors Stays

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 -
Jackson Lewis P.C.

New York City’s Pay Protections for App-Based Workers Upheld, Allowed to Go Into Effect

Jackson Lewis P.C. on

New York City is the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers. Delivery platform companies should immediately pay delivery workers the minimum pay rate of at least $17.96...more

Jackson Lewis P.C.

New York City’s New Pay Protections for App-Based Delivery Workers Temporarily Stayed by Appellate Court

Jackson Lewis P.C. on

New York City is still undertaking efforts to become the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers. The new law was initially scheduled to go into effect July 12, 2023....more

Seyfarth Shaw LLP

Policy Matters Newsletter - January 2022

Seyfarth Shaw LLP on

A New Year Brings New Hope, And A Little Vaccine Clarity. Below is a brief discussion of where the various vaccine mandates stand in the courts. But this space is intended to provide a broader update on all of the various...more

CDF Labor Law LLP

The Ninth Circuit Reverses AB5 Injunction

CDF Labor Law LLP on

The Ninth Circuit Court of Appeals, in California Trucking Association v. Bonta, has reversed the preliminary injunction staying enforcement of AB 5 (now Labor Code § 2775). ...more

Genova Burns LLC

Of Employees and Independent Contractors: The Ninth Circuit to Consider Where Truck Drivers Fall

Genova Burns LLC on

On February 24, 2017, Senior U.S. District Judge John W. Sedwick in the district of Arizona stayed a proposed class action in Virginia Van Dusen et al v. Swift Transportation Co., Inc. et al, No.: 2:10-cv-00899, against Swift...more

Haight Brown & Bonesteel LLP

When In Doubt Pay The Fee – Court Holds Lifting of Litigation Stay for Failure to Pay Cost of Arbitration is Not Appealable

On February 11, 2016, the Court of Appeal for the Second Appellate District in Amparo Gastelum v. Remax International, Inc., et al. (Court of Appeal B263213, Superior Court Case No. BC515487), held a trial court’s order...more

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