News & Analysis as of

Independent Contractors Antitrust Division

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 -
Jackson Lewis P.C.

DOJ, FTC, DOL, NLRB Memorandum of Understanding Continues Focus on M&A Deals’ Labor Consequences

Jackson Lewis P.C. on

On Aug. 28, 2024, the Department of Justice Antitrust Division (DOJ), the Federal Trade Commission (FTC), the Department of Labor (DOL), and the National Labor Relations Board (NLRB) signed a Memorandum of Understanding on...more

Troutman Pepper

Employers Beware: Worker Misclassification May Be Seen as Anticompetitive Conduct

Troutman Pepper on

Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification...more

Parker Poe Adams & Bernstein LLP

FTC Again Signals Strong Focus on Independent Contractor Misclassification Actions

The Federal Trade Commission (FTC) continued its steady march toward broadening its enforcement over labor and employment conduct using antitrust laws in early February when Commissioner Alvaro Bedoya declared that the...more

White & Case LLP

Federal Trade Commission Likely to Expand Labor Enforcement to Worker-Misclassification Issues

White & Case LLP on

In a February 2, 2024 keynote speech to antitrust enforcers and practitioners, Commissioner Alvaro M. Bedoya argued that the U.S. Federal Trade Commission ("FTC") should challenge worker misclassification as a violation of...more

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

Beltway Buzz - July 2022 #5

Report on EEO-1 Data Confirms Flaws Yet Recommends Expansion. On July 28, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a report by the National Academies of Sciences, Engineering, and Medicine titled...more

McDermott Will & Emery

Recent Treasury Department Report Emphasizes Fostering Competition in Labor Markets

McDermott Will & Emery on

Continuing the recent string of actions across the Biden administration in response to the July 2021 Executive Order on “Promoting Competition in the American Economy,” on March 7, 2022, the US Treasury Department (Treasury)...more

White & Case LLP

Four key antitrust events in Q4 2021 target labor markets and aim to protect workers: Here's what you need to know

White & Case LLP on

The focus on using the antitrust laws to target labor markets has been gaining momentum for years, but the close of 2021 saw the trend hit overdrive with antitrust attacks on perceived harm to workers coming from all corners...more

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