News & Analysis as of

Independent Contractors WARN Act

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 -
Perkins Coie

2022 California Labor, Employment, and Independent Contractor Legislative Update

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With the 2022 California legislative year closed, it is once again time to examine the new legislation that will affect entities operating within the state. Summaries of key legislation are below, with relevant action items...more

McGuireWoods LLP

Fourth Circuit Dismisses Novel Single-Employer Independent Contractor WARN Claim

McGuireWoods LLP on

In Pennington v. Fluor Corp., Nos. 21-1141, 21-1143, 2021 U.S. App. LEXIS 35307 (4th Cir. Nov. 30, 2021), the U.S. Court of Appeals for the Fourth Circuit recently dismissed a federal Worker Adjustment and Retraining...more

Littler

July is the New January: A Post-Pandemic Look at Emerging Labor and Employment Law Trends

Littler on

The pandemic seems not to have slowed down state and local lawmakers.  Indeed, over 100 new labor and employment laws and ordinances are scheduled to take effect between July 1, 2021 and November 1, 2021. Notably, while some...more

Holland & Knight LLP

New California Labor and Employment Laws for 2021

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This Holland & Knight alert highlights selected and significant new California labor and employment laws, regulations governing COVID-19 issues at the workplace by the California Division of Occupational Safety and Health...more

Jackson Lewis P.C.

Class Action Trends Report Fall 2020

Jackson Lewis P.C. on

As the COVID-19 pandemic continues to alter work lives in profound ways, employers are confronted with additional liability risks. The pandemic has created a wave of litigation that is unlikely to ebb until well after the...more

K&L Gates LLP

COVID-19: Employment Issues in Health Care Mergers & Acquisitions in the Era of COVID-19

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Mergers and acquisitions in the healthcare industry have been on the upswing in recent years, and even with the impact of the COVID-19 pandemic, and the layoffs, furloughs, and financial losses that have followed in its wake;...more

Bond Schoeneck & King PLLC

Employers Likely to Face a Wave of COVID-19 Class Action Litigation

As the ongoing COVID-19 pandemic continues to drastically impact the U.S., class action lawsuits have been on the rise. Despite court closures, class action filings have increased and are expected to continue. ...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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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

Fisher Phillips

The California Legislature Is Back in Town! Which Pending Bills (and Executive Orders) Will Impact The Workplace?

Fisher Phillips on

After returning from its hiatus on May 4, the California legislature has wasted no time in drafting a flurry of new bills which will affect employers in the aftermath of the state’s response to COVID-19. While the state...more

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

Keeping Up With New Jersey Employment Law Developments

It was a busy January 2020 in Trenton, with the state enacting several new employment laws, with more apparently on the way. This is in addition to the slew of new laws adopted in 2019 impacting New Jersey employers....more

Littler

WPI State of the States: New Year, New Legislative Trends

Littler on

The year 2020 is already shaping up to be quite active on the employment law front, and a quarter of U.S. states have yet to convene their 2020 legislative sessions. In January, over 800 labor and employment-related bills,...more

Troutman Pepper

Slate of N.J. Laws Require Severance Pay in Mass Layoffs and Increased Penalties for Worker Misclassification

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January 2020 was a busy month for New Jersey’s executive branch. Governor Phil Murphy signed into law at least five workplace-related bills, one of which revised the New Jersey mini-WARN Act, one granting state regulators...more

Fisher Phillips

March Misclassification Madness: Misclassification Updates in the Gig Economy

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Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more

Fisher Phillips

March 2017: The 15 Biggest Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. March 2017 was another month...more

Littler

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues,...

Littler on

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent...more

Troutman Pepper

June 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

The poster children of IC misclassification cases dominated the news in June: Uber, Lyft, GrubHub, FedEx, an exotic dance club, and a trucking transport company. It was not a good month for any of them, yet as we have...more

Hinshaw & Culbertson LLP

Eleventh Circuit Declines to Aggregate Workers of Multiple Contractors for WARN Act Notification Purposes

Closing up shop and winding down a business can have significant legal ramifications for employers if not handled appropriately. The WARN Act was designed to prevent surprise upon unsuspecting groups of employees, but the...more

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