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Misclassification Workers' Compensation Claim Employer Liability Issues

BCLP

HK Court Rules That Gig Delivery Driver Was Not an Employee

BCLP on

With the continued prevalence of the “gig economy”, a common question that arises is whether “gig workers” are employees or independent contractors of the digital platform. ...more

Woodruff Sawyer

How Gig Work is Creating Special Risks in Workers’ Compensation

Woodruff Sawyer on

If you are an employer experiencing high turnover and labor shortages or looking for ways to reduce increasing business costs, and you’re considering using gig workers to meet these challenges, buyer beware. Employers who...more

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

Colorado Employers - Get Ready for a Wave of New Laws

The Colorado General Assembly was busy drafting and passing numerous employment laws during its 2022 legislative session, creating a wave of change for employers in the Centennial State. Colorado Expands Termination Notice...more

Snell & Wilmer

Utah’s Employer/Independent Contractor Distinction Remains Cloudy, Even To Judges

Snell & Wilmer on

In a February 3, 2022 opinion by the Utah Court of Appeals, the struggle that courts have in distinguishing between employees and independent contractors continues. In Jensen Tech Services and Sentinel Insurance Company,...more

Farella Braun + Martel LLP

California Employers Face Various New Laws in January 2021

The California Legislature passed and Governor Newsom signed several new laws covering topics ranging from COVID-19 to leaves of absence to data reporting. Most of these laws take effect January 1, so now is a good time for...more

Fisher Phillips

September 2020: The Top 16 Labor And Employment Law Stories

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

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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - January 2019

This edition of Employment Flash looks at developments in labor and employment law, including with respect to restrictive covenants; new state anti-harassment laws; minimum wage increases; age bias claims; and the employee...more

Ward and Smith, P.A.

Oden's "Top 4" Issues for Employers for 2018 (So Far)

Ward and Smith, P.A. on

What follows are the "Top 4" issues or some variation/combination (in no particular order) that I have discussed with employers so far in 2018. Some may seem like common sense for the more seasoned Human Resource Director,...more

McNees Wallace & Nurick LLC

Whose Employee is it Anyway? The Construction Workplace Misclassification Act Provides Clarity in Workers’ Compensation Cases

The first cases addressing the impact of Pennsylvania’s Construction Workplace Misclassification Act (“CWMA”) in the context of the Pennsylvania’s Workers’ Compensation Act, have finally reached the Appellate Courts. The...more

Burr & Forman

Employee or independent contractor? Right to control is key

Burr & Forman on

A continuing point of contention in employment law revolves around who is an employee versus who is an independent contractor. The issue seems to come up often in wage and hour cases and workers’ compensation or unemployment...more

Haynsworth Sinkler Boyd, P.A.

New South Carolina Decision Impacts How Employers Classify Workers

This blog has previously covered the potential pitfalls of classifying workers as independent contractors. While classifying a worker as a “1099” offers many potential benefits on the business side, it can expose the company...more

Mintz Edge

The Gig Economy, Independent Contractors, and New York Law

Mintz Edge on

The gig economy (on-demand work) is a disruptive factor in many industries, including the housing market (Airbnb, Homeaway), transportation services (Uber, Lyft, Juno, Via), delivery services (Postmates, Caviar, Instacart),...more

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