News & Analysis as of

Independent Contractors Wage and Hour

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 -

Beware Of Independent Contractor Agreements With “Work Made For Hire” Language

by Fox Rothschild LLP on

In recent years, California and federal agencies have highly scrutinized independent contractor status. While that scrutiny may be abating somewhat on the federal level, it is still alive and well in our golden state. In...more

Labor Secretary Again Speaks Out On The Gig Economy

by Fisher Phillips on

U.S. Department of Labor Secretary Alexander Acosta made the news again this week due to his remarks on the ever-growing gig economy and the need for increased legislative attention on this topic. As we discussed in an...more

Federal Employment Taxes: Filing and Payment Requirements for Employers

by McNair Law Firm, P.A. on

Employers that pay wages and other forms of compensation to their employees must comply with federal tax return filing and payment/deposit requirement. Employers that receive services from non-employee contractors and make...more

California Employment Law Notes - November 2017

Newly Enacted California Statutes - Statewide "Ban-the-Box" Legislation - Known as "Ban-the-Box" legislation in reference to the box applicants are asked to check if they have any prior criminal convictions, the new...more

October 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

There were newsworthy developments in a number of cases in the area of independent contractor misclassification during the month of October. Those cases were brought against companies in an array of different industries...more

October 2017: The Top 11 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more

Addison Lee suffers double defeat in ongoing battle over gig economy rights

by Dentons on

Addison Lee, the London-based minicab and courier company, recently lost two cases in decisions that echo the "gig economy" rulings against the likes of Uber, Excel, City Sprint and Pimlico Plumbers. The claims against...more

Acosta Wants to Focus on the Gig Economy

by Fisher Phillips on

The on-demand economy recently got some attention from a very powerful source. On October 25, U.S. Department of Labor Secretary Alexander Acosta stated during an event organized by the Jack Kemp Foundation that he believes...more

Lawyers in GrubHub Trial Make Final Arguments in Independent Contractor Misclassification Case, But Decision Is Unlikely To Be...

by Locke Lord LLP on

The lawyers for GrubHub and the driver who is among thousands who sued the company for independent contractor misclassification made their closing arguments earlier today before federal Magistrate Judge Jacqueline Scott...more

PAYE and the independent contractor

by Hogan Lovells on

"The agreement states that I am an independent contractor, so why is PAYE being deducted?" Employers are often faced with the question of whether or not to deduct employee's tax (Pay-As-You-Earn/PAYE) from persons who...more

Whatever Happened To...The Wage Claim of Strippers (Or, “Exotic Dancers”) As Employees?

by Shipman & Goodwin LLP on

Back in 2011, I discussed a titillating case of strip club dancers (or, a decision says, “performers”, “entertainers”, “dancers” or even “exotic dancers” — although not “strippers”) who were trying to claim wages for the time...more

Return of the Living Dead: Could Unsuccessful California Bills Haunt Employers in 2018?

by Littler on

As discussed in our prior article, Governor Jerry Brown recently signed several significant labor and employment measures into law in California, including a statewide ban-the-box provision and an expansion of parental leave...more

Do You Know The ABC’s About Independent Contractors?

Recently, New Jersey’s Appellate Division once again addressed the test used to determine whether a person is an employee or an independent contractor. The plaintiff in Garden State Fireworks Inc. v. NJ Dept. of Labor,...more

France's Department of Labor Issues Guidance on New Corporate Social Responsibility Obligations

by Littler on

Following the introduction of new corporate social responsibility obligations for collaborative platforms towards independent workers, the French Department of Labor published guidance to clarify the scope of this...more

Independent Contractor Status And The ABC Test

by Fox Rothschild LLP on

I have handled almost 100 unemployment insurance audits by the New Jersey DOL, where the underlying gravamen is that certain individuals are or are not independent contractors. The Auditors enforce the law very strictly and...more

The Changing Landscape of Labor and Employment Law under the Trump Administration

by Cohen & Grigsby, P.C on

Abolishing the Federal Contractor “Blacklisting” Rule - In March 2017, President Trump issued an Executive Order revoking, and signed a resolution disapproving, President Obama’s Fair Play and Safe Workplaces Executive...more

September 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

September included three court cases that have attracted considerable attention in the area of independent contractor misclassification: an $8.75 million settlement in the nationwide class action against Postmates by its...more

Uber Forced To Carry On Its Defense Of 'On Call' Claims

by Fisher Phillips on

In a case previously discussed by my colleague Linda Gulledge, a federal judge in eastern Pennsylvania has rebuffed Uber once again in its attempt to rid itself of potentially expensive wage claims. In December 2016, as Linda...more

Employee vs. Independent Contractor: How This Classification Is Bringing Legal Challenges To The Gig Economy

by Rumberger Kirk & Caldwell on

The gig economy is a labor market characterized by temporary positions or freelance work with independent workers for short-term engagements as opposed to permanent jobs. Think Uber, Delivery Dudes, Taskrabbit, and Upwork. ...more

Uber Driver Compensation Claims Survive Summary Judgment in EDPA

On September 13, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied Uber’s motion for partial summary judgment in Razak v. Uber Technologies. It is the first time a district court in the Third...more

August 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

This past month was unusually “slow” in terms of developments in the law of independent contractor misclassification and compliance. There was no blockbuster court decision or lawsuit filed, although one interesting...more

Employment Law Insights and Solutions (ELIS)

by Dentons on

In this special first edition of Dentons’ new global publication, Employment Law Insights and Solutions (ELIS), we identify some of the most important legislative developments and court decisions in the employment arena from...more

Employee or independent contractor? Right to control is key

by McNair Law Firm, P.A. on

A continuing point of contention in employment law revolves around who is an employee versus who is an independent contractor. The issue seems to come up often in wage and hour cases and workers’ compensation or unemployment...more

The Ground Continues to Shift in Wage and Hour Law

by Epstein Becker & Green on

A year ago, employers across the country prepared for the implementation of a new overtime rule that would dramatically increase the salary threshold for white-collar exemptions, on the understanding that the new rule would...more

1099 or W-2? How to Classify Workers in the Gig Economy and Why It Matters

by Miles & Stockbridge P.C. on

Uber and other ride sharing companies have been at the forefront of the “gig economy” where websites and mobile applications (commonly called “apps”) connect workers to customers who need a temporary service. With the rise of...more

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