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Independent Contractors Withholding Tax

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 -
Foley & Lardner LLP

New York Employers Should Take Advantage of the “Freelance Isn’t Free Act” Requirements to Reexamine Independent Contractor...

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Nearly six months after it was passed — with overwhelming support — by the New York Legislature, Governor Kathy Hochul recently signed Assembly Bill A6040, or the Freelance Isn’t Free Act (the “Act”). With an effective date...more

Dunlap Bennett & Ludwig PLLC

Understanding Remote Work Laws: A Comprehensive Overview

The COVID-19 pandemic accelerated our shift to remote work, which was already on the rise with the advent of new technology. Even before 2020, employees worked from nontraditional spaces, including coworking spaces and home...more

Bricker Graydon LLP

Independent contractor or employee? Be sure you know from the start.

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The law treats employees and independent contractors differently. Independent contractors are usually exempt from labor and employment legislation, such as minimum wage and overtime pay and retirement contributions, while...more

McCarter & English, LLP

Massachusetts’ Strictest-In-The-Nation Definition Of “Employee” May Encompass Franchise Operators

When a worker is classified as an employee, a panoply of local, state, and federal laws regulate many facets of the relationship between the worker and the person or entity the worker serves. When a worker is not an...more

Eversheds Sutherland (US) LLP

Tread carefully: Global pay and employee benefits traps for the unwary

This briefing highlights a number of international pay and employee benefits legal issues that carry potentially severe penalties. Each of these issues is well worth a review now to avoid future consequences. International...more

Mintz Edge

An Employee or an Independent Contractor?

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The distinction between employees and independent contractors is often overlooked by emerging companies. However, the significance of this distinction in New York State cannot be overstated. As discussed further below, a...more

Ballard Spahr LLP

Pennsylvania Employers May Be on the Hook for Additional Unemployment Compensation Taxes

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A recent opinion from the Pennsylvania Supreme Court clarifies the definition of employment under the state’s Unemployment Compensation Law, potentially increasing the amount of Unemployment Compensation Tax (UC Tax) that...more

Fenwick & West LLP

Fenwick’s Top 10: Our Most Popular Articles of 2019

Fenwick & West LLP on

In 2019, we published analysis to help tech and life sciences companies navigate U.S. tax law changes, an evolving IP landscape and new privacy regulations such as the California Consumer Privacy Act. We also tracked venture...more

Dorsey & Whitney LLP

What do Employer’s Need to Know Following the Passage of California’s New Law on Independent Contractor Misclassification?

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On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, which clarifies when workers should be considered “employees” under the California Labor Code and the California Unemployment Insurance Code,...more

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

Gig Economy Temporary Staffing With Smartphone Apps: 7 Legal and Practical Considerations for Employers

New technologies that enable temporary staffing candidates to find positions via applications that use algorithms to match people to positions, are here. With names like tilr and Shiftgig, these apps use an alternative,...more

Morgan Lewis

Grace Period to Comply with PA Nonemployee Income Tax Withholding Nears End

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Businesses and nonprofits operating in Pennsylvania that hire independent contractors or corporate directors who live outside of Pennsylvania, or that pay rent on Pennsylvania property to landlords living outside of...more

Ward and Smith, P.A.

"ITIN Contractors" – What North Carolina Construction Companies Need to Know to Minimize Risk

Ward and Smith, P.A. on

As explained in an earlier article, the North Carolina Department of Revenue (the "NCDOR") has aggressively audited North Carolina construction companies on the issue of whether they are properly withholding with respect to...more

BakerHostetler

DOL Memo Provides Script for FLSA Collective Actions Alleging Independent Contractor Misclassification

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The all-time best The Far Side cartoon (based on an unscientific survey, sample size of me) is the one with two deer standing in the forest, one with a red circular target imprinted on its chest. The other deer says, “Bummer...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

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