News & Analysis as of

Independent Contractors Wage and Hour Corporate Counsel

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 -
Locke Lord LLP

Independent Contractor Misclassification Lawsuits Involve Record Label Artists, Imam, ‎and Recyclable Sorters: August 2024 IC...

Locke Lord LLP on

The legal developments in the area of independent contractor misclassification and compliance last month include cases against a record label company, an Islamic Center, and a waste recycling company. Lawsuits for IC...more

Locke Lord LLP

Jurors Disagree on Whether Ride Share Drivers Are Independent Contractors or ‎Employees: June 2024 IC Legal News Update ‎

Locke Lord LLP on

Lawyers representing ride share drivers have argued for years that their clients are being misclassified as independent contractors under federal and state laws. They have attained little success, however, obtaining...more

Fisher Phillips

Uber and Lyft Settlement Provides New Precedent for the Gig Economy and Major Benefits for Massachusetts Drivers: Key Employer...

Fisher Phillips on

Uber and Lyft just reached a $175 million settlement with Massachusetts state prosecutors that permits their drivers to stay classified as independent contractors – not employees – but entitles the drivers to significant...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

Littler on

Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Locke Lord LLP

Industries Counteract Class Action Independent Contractor Misclassification Claims: May ‎‎2024 IC Legal News Update‎

Locke Lord LLP on

Class action independent contractor misclassification cases continue to be filed and most seem to settle, often for large sums, as we have reported in our blog posts on legal developments each month. But some industries have...more

Locke Lord LLP

Court Challenges Filed to Final Independent Contractor Rule – But Does It Really Matter?‎

Locke Lord LLP on

As discussed in our QuickStudy of January 9, the U.S. Department of Labor has issued its long-awaited final rule setting forth its version of the test for independent contractor status under the federal Fair Labor Standards...more

Locke Lord LLP

Legally Nil, But Will Look a Lot Like a “Score”: Labor Department Issues Its Final Rule ‎on Independent Contractor Status‎

Locke Lord LLP on

It has been well over a year since the U.S. Department of Labor issued its proposed rule entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act.” The regulation was expressly intended...more

Locke Lord LLP

Even Clown Companies Are Targets of Independent Contractor Misclassification ‎Lawsuits: December 2023 IC Legal News Update

Locke Lord LLP on

We have had the opportunity, in the course of our independent contractor practice, to represent clients in over 75 diverse industries including some in rather esoteric businesses. These clients have included musical bands,...more

Cozen O'Connor

New Jersey AG Files First Worker Misclassification Lawsuit Under New Law

Cozen O'Connor on

New Jersey AG Matthew J. Platkin and the New Jersey Department of Labor and Workforce Development filed a lawsuit against STG Logistics, Inc. and STG Drayage LLC (collectively, “STG”) alleging that the shipping and logistics...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

What’s Going on in Mexico This Week? Congress Considers 40-Hour Workweek, Amendments to Federal Labor and Employment Laws

Mexico’s Congress has continued to make progress on several legislative items of importance to employers and employees alike, including, most especially, a proposed reduction in the maximum number of workweek hours....more

Locke Lord LLP

Mega-Settlements in Independent Contractor Misclassification Lawsuits: September 2023 IC Legal News Update

Locke Lord LLP on

Every so often a large settlement of a class action lawsuit reverberates in the independent contractor world – but last month there were two mega-settlements. The first was between Flowers Foods, a large nationwide baked...more

Locke Lord LLP

Can Last-Mile and Logistics Companies Compel Arbitration of Independent Contractor ‎Misclassification Cases? July 2023 IC Legal...

Locke Lord LLP on

We report on three case developments during July 2023 that raise the question whether last-mile, logistics, and delivery companies alleged to have misclassified drivers as independent contractors can compel arbitration of...more

Locke Lord LLP

Illinois Is the Focus of Last Month’s Independent Contractor Misclassification Cases: June ‎‎2023 IC Legal News Update‎

Locke Lord LLP on

We report below on four case developments during June 2023 in the area of independent contractor misclassification: two of which are centered on Illinois. That state has one of the most stringent statutory tests for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Modifies Independent Contractor Test

On June 13, 2023, the National Labor Relations Board (NLRB) overruled its 2019 independent contractor standard focused on whether workers have “entrepreneurial opportunity” and returned to a common law multi-factor analysis...more

Locke Lord LLP

NLRB Yet Again Seeks to Alter Test for Independent Contractor Status, But Does It Really ‎Make a Difference?‎

Locke Lord LLP on

Yesterday, June 13, 2023, the NLRB issued a lengthy decision in its Atlanta Opera case dealing with the applicable test for independent contractor status under the National Labor Relations Act (NLRA). This decision reversed...more

Locke Lord LLP

Another Unemployment Setback for Gig Economy Companies Using Independent ‎Contractors: April 2023 IC Legal News Update

Locke Lord LLP on

We reported in our October 10, 2022 blog post that Uber had agreed to pay $100 million in back unemployment taxes to the New Jersey Department of Labor for having classified drivers as independent contractors. Another state...more

Locke Lord LLP

New Jersey is Becoming the Next California: February 2023 Independent Contractor Legal News Update

Locke Lord LLP on

Ever since the New Jersey Supreme Court issued its 2015 decision in the Sleepy’s case, establishing an ABC test for wage and hour lawsuits, class action lawyers have targeted companies operating in that state for IC...more

Littler

French Court Finds Gig Platform Workers Are Independent Contractors, Not Employees

Littler on

A recent decision issued in France indicates that whether a gig worker is an independent contractor or employee is a fact-specific inquiry. In this case decided last month, delivery platform Stuart, a subsidiary of the group...more

Jackson Lewis P.C.

2022 Wage and Hour Developments: A Year in Review

Jackson Lewis P.C. on

In 2022, federal and state laws regulating wages and hours of work continued to change and develop. In “2022 Wage and Hour Developments: A Year in Review,” we look back on significant wage and hour developments at the federal...more

Locke Lord LLP

Sports Industry Continues To Be Target For Independent Contractor Misclassification Class ‎Actions: December 2022 IC Legal News...

Locke Lord LLP on

Half of the court cases that we report on below from last month involve legal proceedings related to the sports industry: golf caddies, tennis pros, and sports editors. Misclassification within the multi-faceted sports and...more

Lathrop GPM

Ninth Circuit Affirms Decision that Franchisees Are Not Employees of Franchisor

Lathrop GPM on

The Ninth Circuit Court of Appeals recently affirmed a decision that a group of franchisees are not employees of their franchisor, even though the trial court failed to apply the correct test. Haitayan v. 7-Eleven, Inc., 2022...more

Littler

Department of Labor and IRS Intensify Cooperation on Worker Misclassification

Littler on

On December 14, 2022, the U.S. Department of Labor (DOL) and the Internal Revenue Service (IRS) signed and published a Memorandum of Understanding for Employment Tax Referrals (the “MOU”). The MOU establishes a system for...more

Locke Lord LLP

App-Based Local Delivery Couriers are not Exempt From Arbitration: November 2022 Independent Contractor Legal News Update

Locke Lord LLP on

The most publicized legal development in the area of independent contractor law last month involved an opinion issued by a federal appellate court in a gig economy case that generated national attention. In a decision...more

Poyner Spruill LLP

Avoid Classification Missteps: DOL Proposes New Rule For Determining Independent Contractor Status

Poyner Spruill LLP on

Last month, the U.S. Department of Labor published a proposed rule to modify the federal guidelines for determining how to properly classify an individual as an independent contractor or employee under the Fair Labor...more

Fisher Phillips

The Top 14 Workplace Law Stories from October 2022

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 for the past few years—and this past month...more

292 Results
 / 
View per page
Page: of 12

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide