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Independent Contractors Written Agreements

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 -
Bressler, Amery & Ross, P.C.

NJ Wage Payment Law Not Applicable to Real Estate Salespersons

On May 13, 2024, the New Jersey Supreme Court in Kennedy, II v. Weichert Co., (A-48/49-22) (No. 087975), N.J. (slip op.) held real estate salespersons to be independent contractors under certain circumstances. Specifically,...more

Greenbaum, Rowe, Smith & Davis LLP

NJ Supreme Court Holds That NJ Wage Payment Law is Inapplicable to Real Estate Salesperson Who Has Independent Contractor...

On May 13, 2024, the New Jersey Supreme Court issued its decision in a class action lawsuit known as James Kennedy, II v. Weichert Co., conclusively finding that for the purpose of determining whether a real estate...more

Tonkon Torp LLP

Are Real Estate Agents Independent Contractors Under New DOL Rules?

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The U.S. Department of Labor’s new rules on determining whether a worker is an independent contractor or an employee went into effect March 11, 2024. The changes reflect the current political climate strongly favoring...more

Davis Wright Tremaine LLP

New York State to Require Written Agreements for Independent Contractors

Businesses in New York will soon need to provide written agreements to many "freelancers" under a new law recently signed by Governor Kathy Hochul. The "Freelance Isn't Free Act," which will become effective on May 20, 2024,...more

Proskauer - California Employment Law

Put it in Writing: Los Angeles Imposes New Requirements on Employers of Independent Contractors

As readers may know, the Los Angeles Freelance Worker Protections Ordinance took effect on July 1, 2023. The new law imposes additional requirements on businesses in the City of Los Angeles who have contracts with freelance...more

Kohrman Jackson & Krantz LLP

Common Mistakes New Business Owners Make & How to Fix Them

Starting a new business? The U.S. Bureau of Labor Statistics indicates that 20% of new businesses fail in the first two years, 45% in the first five years. As daunting as those figures may seem, there are measures you can...more

K&L Gates LLP

High Court Overturns Federal Court Decisions on Independent Contractors and Affirms Importance of Contractual Terms

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The High Court of Australia has handed down decisions in two cases regarding the distinction between independent contractors and employees. The appeals in Construction, Forestry, Maritime, Mining and Energy Union v Personnel...more

Spilman Thomas & Battle, PLLC

One Rule to Guide Them All: West Virginia Legislature Enacts Uniform Rule for Distinguishing Independent Contractors from...

For years, West Virginia businesses have had to consider varying standards for determining whether a worker is considered an employee or an independent contractor by state agencies. The West Virginia Legislature has attempted...more

Jackson Lewis P.C.

Worker Classification: A Pre- And Post-COVID-19 Challenge For Real Estate Industry

Jackson Lewis P.C. on

While some say “COVID-19 has changed everything,” a couple of issues for real estate employers are unchanged. First, in the brokerage world, properly classifying agents as independent contractors, instead of employees,...more

Jackson Lewis P.C.

City Of Minneapolis Expands Wage Theft Protections To Independent Contractors Beginning 2021

Jackson Lewis P.C. on

Effective January 1, 2021, the City of Minneapolis Freelance Worker Protection Ordinance expands wage theft protections to independent contractors who perform services within the City of Minneapolis. The Ordinance does not...more

Kidon IP

Employees or Independent Contractor Generated IP (Part 2)

Kidon IP on

 In part 1, I reviewed patents and copyrights. In this post, I will discuss trade secrets, IP rights, and other protection measures.  Trade Secrets - No federal or state statute expressly addresses initial ownership of...more

Jaburg Wilk

One Simple and Important Thing Arizona Employers Can Do to Insulate Themselves from Liability when Working with Independent...

Jaburg Wilk on

A recent Arizona law, A.R.S. § 23-1601, provides protections for Arizona employers who use independent contractors. Many Arizona businesses aren't taking advantage of the benefits and protections the law provides....more

Adler Pollock & Sheehan P.C.

Noncompetes with Massachusetts Employees: Subsidizing a Former Employee’s “Garden Leave”

Effective October 1, 2018, employers in Massachusetts, Rhode Island, and other states seeking to hold Massachusetts employees to noncompete agreements must meet the requirements of a new law passed by the Massachusetts...more

Jackson Walker

New Fifth Circuit Decision Upholds Independent Contractor Status for Directional Driller Consultants Under the Fair Labor...

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Claim by Directional Drillers for Overtime Pay. The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield professionals...more

K&L Gates LLP

Working Wise: Tips for Avoiding Independent Contractor Misclassification

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In this episode, Joshua Rinschler discusses misclassification of employees as independent contractors and provides tips to employers for avoiding misclassification....more

Fisher Phillips

SMART Working - Italy: New Flexible Working Opportunity

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The International Employers Forum welcomed Anna Cozzi, Esquire, from Daverio & Florio law firm, to join a panel of international lawyers, including my colleague William Wright, to speak about changes in employment law around...more

Proskauer - Law and the Workplace

New Rules Implementing the NYC Freelance Isn’t Free Act To Become Effective on July 24, 2017

As we previously reported, in November 2016, NYC Mayor De Blasio signed into law the Freelance Isn’t Free Act, establishing protections for freelance workers, including the right to receive a written contract for work valued...more

Fisher Phillips

Big For Gigs: New Florida Law To Eliminate Misclassification Battles

Fisher Phillips on

I wrote an article yesterday about the new law that is about to be signed by Florida Governor Rick Scott that will ensure ride-sharing drivers are classified as independent contractors and not employees. You can check out the...more

Jackson Lewis P.C.

New Arizona Law Permits Parties To Establish Presumption Of Contractor Status Through Writing

Jackson Lewis P.C. on

As covered at length here, Arizona has enacted a new law effective August 6, 2016 allowing businesses and service providers seeking to enter into an independent contractor relationship to execute a “declaration of independent...more

Bradley Arant Boult Cummings LLP

Florida DEO Says Uber Drivers are Independent Contractors

For anyone following the employee versus independent contractor battles, Uber just scored in Florida. The Florida Department of Economic Opportunity (DEO) says Uber drivers are independent contractors and are not entitled to...more

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