Successor Government Contractor Hiring Obligations Change: DOL’s Long Awaited Nondisplacement Rule
DE Under 3: Big Changes Coming to OFCCP's Supply & Service Contractor ICRs
DE Under 3: Updated EEOC COVID-19 Technical Assistance Guidance, Case Decision & Wage & Hour Division Proposed Rule
Jones Day Presents: Smart Contracts and Blockchain
The European Union took a big step last year towards regulating digital labor platforms – and member states will need to adopt the new directive before the end of 2026. The directive seeks to curb worker misclassification,...more
Effective January 1, 2025, companies using freelance workers must comply with the Freelance Worker Protection Act (“FWPA”). FWPA was signed by Governor Newsom on September 28, 2024 as Senate Bill (“SB”) 988. FWPA passed with...more
A new California law requires written contracts when engaging most solo independent contractors. The written contracts must contain certain types of information....more
On September 28, 2024, California Governor Gavin Newsom signed into law Senate Bill (SB) No. 988, the Freelance Worker Protection Act (FWPA). The FWPA provides minimum requirements for agreements between freelance workers and...more
New Yorkers utilizing freelance workers or independent contractors for work totaling $800 or more will soon need to comply with New York’s Freelance Isn’t Free Act (“FIFA”). The Act, which was signed into law by Governor...more
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
Two DoorDash delivery drivers filed a class action against the company and two of its employees alleging violations of federal and state wage and hour laws. After removal of the case to the Southern District of New York, the...more
In East Bay Drywall, LLC v. Department of Labor & Workforce Development, decided on August 2, 2022, the New Jersey Supreme Court confirmed the difficulties employers face when trying to establish independent contractor status...more
On March 24, 2022, Washington’s Silenced No More Act (formally known as Engrossed Substitute House Bill 1795) was signed into law by Governor Jay Inslee. As a result, Washington has become the second state to declare certain...more
Misclassifying an employee as an independent contractor can put a business at risk of tax assessments, penalties, and wage and hour claims. Understanding the difference between an employee and independent contractor is vital...more
Washington’s New Noncompetition Law – RCW Chapter 49.62 (Noncompetition Covenants). Effective January 1, 2020, a Washington State law prohibits employers from enforcing noncompetition agreements against employees earning...more
Last week, the California Legislature passed Assembly Bill (AB) 5, a new law related to an issue that is critically important to California employers and service providers—whether a worker is classified as an employee or an...more
Press and Journal, Inc. v. Borough of Middletown, Civil Action No. 1:18-CV-2064 (M.D. Pa. 2018) (Borough faces a civil rights claim for retaliation against newspaper for unfavorable press coverage). BACKGROUND - The...more
Arbitration provisions in employment contracts are not unusual. So when GrubHub, a fast-food delivery service, was sued by drivers for violating wage laws it filed a motion to enforce the arbitration clause in its service...more
Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors? The Ontario Superior Court recently addressed this...more
On August 1, 2017, the US District Court for the Northern District of Ohio held that insurance agents working under independent contractor agreements with an insurer were employees for purposes of pursuing pension and other...more
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
Recently, the First Circuit Court of Appeals in a case of first impression (Oliveira v. Prime) further demonstrated the importance of choice of law provisions in Independent Contractor Service Agreements (“ICSAs”) as they...more
In a previous post we discussed the significant new obligations New York City’s “Freelance Isn’t Free Act” imposes on employers that retain the services of freelance independent contractors. On May 15, these requirements...more
Employers’ engagement of independent contractors has increased substantially in recent years. Short-term projects and the gig economy have fueled the need for workers, who are not looking (or are unable) to find permanent...more
The Connecticut Supreme Court has ruled that an individual can be considered an independent contractor even if he or she provides services to only one employer. The court’s decision, which was officially released on March 21,...more
On January 19, 2017, the New Jersey Assembly Labor Committee advanced a bill (A-4410) that would require written contracts between “freelance workers” and their hiring entity (“client”). Those contracts would need to include...more
On November 16, 2016, New York City Mayor Bill de Blasio signed into law the “Freelance Isn’t Free” Act (“the Act”). The Act generally grants freelancers the right to a written contract, timely payment and to be free from...more
A written contract, payment within 30 days, and statutory damages for non-payment of wages are among the provisions of New York City’s new freelancer protection law signed by Mayor Bill de Blasio on November 16, 2016. The law...more