News & Analysis as of

Misclassification Freelance Workers Regulatory Agenda

Seyfarth Shaw LLP

New Jersey Eyes Regulatory Changes to Strengthen its Statutory ABC Test and Prevent Employee Misclassification

Seyfarth Shaw LLP on

On April 3, 2025, the New Jersey Department of Labor and Workforce Development (“DOL”) filed proposed new rules codifying its interpretation of the statutory ABC test to determine whether an individual is considered an...more

Troutman Pepper Locke

Republican-Backed Congressional Proposal in Congress Seeks to Allow Companies to Offer Benefits to Independent Contractors: April...

Troutman Pepper Locke on

Last month, the most significant legal development in the area of independent contractor (IC) compliance and misclassification was on Capitol Hill. Bill Cassidy of Louisiana, a Senate Republican who chairs the Senate Health,...more

Troutman Pepper Locke

The Legal Landscape of Independent Contractor Misclassification May Be About to Change: March 2025 IC Legal News Update

Troutman Pepper Locke on

The most significant development last month in the law of independent contractors was not one of the four cases we summarize below but rather a bill passed by the New York Senate. ...more

CDF Labor Law LLP

A Creative Compromise to Address Worker Flexibility and Basic Workplace Protection: The Bipartisan Worker Flexibility and Choice...

CDF Labor Law LLP on

Thanks to powerful lobbying, last week the House of Representatives introduced a new bipartisan bill, the Worker Flexibility and Choice Act (the “Act”). This bill provides for a new classification of workers in between...more

Proskauer - Labor Relations Update

NLRB Considers Abandoning Current Standard for Independent-Contractor or Employee Status

In what will have a significant impact on the employment status of “gig” economy workers under federal labor law, the National Labor Relations Board (“NLRB” or “Board”) seems poised to revert to a more worker-friendly...more

Bricker Graydon LLP

DOL announces withdrawal of Trump administration independent contractor rule

Bricker Graydon LLP on

On May 5, 2021, the Department of Labor (DOL) confirmed it is withdrawing the rule promulgated under the Trump administration addressing how to determine whether a worker is an employee or independent contractor under the...more

Morgan Lewis

The PRO Act’s Changes to ‘Independent Contractor’ Status: Unraveling the US Economy

Morgan Lewis on

The Protecting the Right to Organize Act, or PRO Act (H.R. 842, S. 420), would make extensive changes in US labor laws, including the PRO Act’s reformulation of “independent contractor” status. This is not a mere technical...more

Pullman & Comley - Labor, Employment and...

DOL Proposes to Scrap Employer-Friendly Independent Contractor Rule

The Department of Labor (DOL) has officially published its notice proposing to withdraw the new rule – issued two weeks before the change in Presidential Administrations – allowing employers to more easily classify workers as...more

Seyfarth Shaw LLP

AB 2257: Sweeping Changes To AB 5 Independent Contractor Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5, a landmark piece of legislation governing their relationships with independent contractors, took effect on...more

FordHarrison

How Parasite’s Unprecedented Oscars Win Is a Reflection of the War Against Misclassification

FordHarrison on

I get it. My last name is Kim. My appearance, as those of you who haven’t met me can tell by my photo, confirms it. It’s obvious I’m Asian-American and particularly of Korean descent. So I get why everyone assumes I’ve seen...more

FordHarrison

Is the Gig Economy on Life Support? New York Proposes Process for Sweeping Changes to Worker Classification

FordHarrison on

Proposed New York Legislation - In his 2020 budget proposal, Governor Andrew Cuomo proposed creating a 9-member marketplace worker classification task force to address seismic changes to the way independent contractors and...more

FordHarrison

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

FordHarrison on

Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

Seyfarth Shaw LLP

New Jersey Independent Contractor Legislation Temporarily Paused

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey bill that aims to push gig-economy workers and other independent contractors into the definition of “employees” was briefly paused at the end of the prior legislative session, but is expected...more

Littler

Initiative to Overturn California Independent Contractor Law for App-Based Drivers, Deliverers Advances

Littler on

On January 2, 2020, the Attorney General for the State of California released the title and summary of Initiative 19-0026—a proposed ballot measure that would overturn the state’s recently enacted independent contractor law,...more

Littler

California Supreme Court Agrees to Hear Dynamex Retroactivity Question

Littler on

On November 20, 2019, the Supreme Court of California announced it would review and decide whether its 2018 Dynamex decision has retroactive effect. The answer to this question could have a profound impact on any company...more

FordHarrison

New Jersey Contracting Crisis – The War on Misclassification Rages On

FordHarrison on

Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

FordHarrison

New Jersey Bill Creating Presumption of Employment for Independent Contractors Could Decimate the State's Gig Economy

FordHarrison on

Recently, New Jersey took several steps to severely restrict the use of independent contractors or gig workers in the Garden state. The latest effort is Bill S4204, which creates a presumption of employment status for...more

Fisher Phillips

As Congress Ponders the “Future of Work,” it Faces Divergent Interests Within the Gig Economy

Fisher Phillips on

As we reported just a few weeks ago, Congress has begun to gather information and consider the “future of work,” with considerable emphasis on the role of the gig economy. Although this emergency economy is growing rapidly,...more

FordHarrison

New Jersey Is About to Take Another Step Towards Eliminating the Use of Independent Contractors by Providing Them with Benefits

FordHarrison on

The New Jersey Legislature appears poised to pass S67, the Portable Benefits Act for Independent Contractors, in the upcoming lame-duck session. If passed, the Governor is expected to sign the bill before the end of the year....more

Seyfarth Shaw LLP

Who Are Independent (Contractors)? Throw Your Hands Up At Me!

Seyfarth Shaw LLP on

Seyfarth Synopsis: California’s hotly contested and closely followed AB 5 independent contractor bill, which would extend the ABC test beyond Wage Order claims, just passed the California Senate, and now heads back to the...more

Skadden, Arps, Slate, Meagher & Flom LLP

California Passes Landmark Bill Restricting Classification of Contract Workers

As of September 11, 2019, the California Senate and Assembly had both passed an employment bill (AB5) that, if signed by Gov. Gavin Newsom, would codify the recent extension of employment protections to workers previously...more

Littler

AB 5 Update: California Legislature Passes Final Bill on September 11, 2019

Littler on

This article is an update to prior publications from Littler’s Workplace Policy Institute regarding Assembly Bill 5 (AB 5), passed by the California legislature on September 11, 2019. On September 11, 2019,1 the California...more

FordHarrison

AB 5, Codifying Dynamex and Broadening the ABC Test’s Application, Passes California Legislature

FordHarrison on

After months of debate and negotiations, the California State Legislature passed the controversial AB 5 on Wednesday, September 11, 2019, bringing it one step closer to being law. If passed, the new law is expected to impact...more

Littler

California Governor Expresses Support for Amended Misclassification Bill

Littler on

On Friday, August 30, 2019, the California State Senate Appropriations Committee approved controversial legislation—Assembly Bill 5 (A.B. 5)—that would potentially reclassify millions of independent contractors as “employees”...more

24 Results
 / 
View per page
Page: of 1

"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