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Independent Contractors Classification

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 -
Fox Rothschild LLP

Independent Contractors And Workers’ Compensation Coverage—Never The Twain Shall Meet?

Fox Rothschild LLP on

I read an interesting article by Richard Reibstein of Locke Lord on a thorny issue that I have encountered numerous times. That is whether an employer can cover individuals it deems “independent contractors” under its...more

Cozen O'Connor

Cozen Currents: When Getting Rusty is a Good Thing

Cozen O'Connor on

The Cozen Lens - •As much as the whole country can’t help but tune in to former President Trump’s guilty verdict, the fact is that the political ramifications only matter insofar as they may swing three states. •The Biden...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights, Issue 1, April 2024

Welcome to our first SuperVision e-newsletter of 2024. Although we are only four months into 2024, it has already been an incredibly active year on the labor and employment front. On Wednesday, the Federal Trade Commission...more

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

Provisional Deal Reached on the EU Platform Work Directive, With Changes on Worker Classification Test, Stricter AI Rules

European Union policymakers reached a provisional agreement on the Platform Work Directive on March 11, 2024, which reveals significant concessions on the classification of digital platform workers as employees or independent...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Jaburg Wilk

New DOL Rule Affects All Businesses that Hire Independent Contractors

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On January 10, 2024, the Department of Labor (DOL) published its final rule on employee or independent contractor classification under the Fair Labor Standards Act (FLSA), which is scheduled to go into effect on March 11,...more

Goodwin

Employment Status - A View From Both Sides of the Pond

Goodwin on

In recent years, employment status has been an evolving topic globally as various jurisdictions grapple with how to properly categorise increasingly flexible forms of working. A regulatory change in the United States by the...more

Cozen O'Connor

Do Recent Changes and Legal Challenges to the Independent Contractor Test Affect OSHA?

Cozen O'Connor on

Businesses have struggled with the determination of who is an independent contractor vs employee for many decades. One of the challenges rests with the fact that the applicable legal test may be different depending on the...more

Butler Snow LLP

DOL Final Independent Contractor Rule Already Facing Legal Challenges

Butler Snow LLP on

Following multiple delays, and after ongoing litigation stalled its previous rulemaking attempts, the U.S. Department of Labor issued its long-anticipated independent contractor final rule on Tuesday, January 10, 2024,...more

Sheppard Mullin Richter & Hampton LLP

The Department of Labor Issues New Final Rule for Independent Contractor Classification

On January 10, 2024, the U.S. Department of Labor (“DOL”) published its final rule that revises its guidance regarding the standard for assessing whether a worker is an employee or independent contractor under the Fair Labor...more

Flaster Greenberg PC

Are Coaches Independent Contractors or Employees?

Flaster Greenberg PC on

An issue that all businesses grapple with is classifying the individuals performing work. Generally, there are two (2) types of individuals performing work: (1) Independent Contractors (1099) and (2) Employees (W-2). Some...more

Fenwick & West LLP

Department of Labor Finalizes Rule for Classifying Independent Contractors Under Fair Labor Standards Act

Fenwick & West LLP on

On January 10, 2024, the U.S. Department of Labor released its final rule for determining worker classification under the Fair Labor Standards Act (“FLSA”). The final rule returns to the economic reality test historically...more

Steptoe & Johnson PLLC

Do You Still Need to Know Your ABCs? Not Under the DOL’s New Rule on Employees and Independent Contractors

Steptoe & Johnson PLLC on

On January 10, 2024, the Department of Labor (DOL) published the long-awaited final rule titled, “Employee or Independent Contractor Classification Under the Fair Labor Standards Act” (the Rule), which provides new guidance...more

Woods Rogers

Department of Labor’s New Employee Classification Rule

Woods Rogers on

The Department of Labor (DOL) recently announced a final rule covering when workers may be classified as independent contractors. The new rule, available in full on the Federal Register, is effective March 11, 2024, so...more

A&O Shearman

Department of Labor Publishes Final Rule for Worker Classification under the FLSA

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On January 10, 2023, the U.S. Department of Labor (DOL) published its highly anticipated final rule for determining whether a worker should be classified as an employee or independent contractor under the Fair Labor Standards...more

Goldberg Segalla

US DOL Announces Final Rule on Classification of Workers as Employees or Independent Contractors under FLSA

Goldberg Segalla on

Key Takeaways - -The Department of Labor recently clarified a critical distinction between an employee and an independent contractor. -The courts will no longer use the Trump-era rule that focused on two core factors:...more

Bradley Arant Boult Cummings LLP

The ‘New’ New Final Rule? DOL on Independent Contractors and the FLSA

Remember the 2021 Independent Contractor Rule? Well, forget it or at least most of it. Last week, the DOL published a new final rule for independent contractor status under the Fair Labor Standards Act (the New Rule). The New...more

Perkins Coie

Five Questions Companies Are Asking About DOL's New Independent Contractor Rule - Updated

Perkins Coie on

The U.S. Department of Labor (DOL) published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act (FLSA)...more

Foley & Lardner LLP

Department of Labor Issues Final Rule on Worker Classification under the FLSA, Returning to More Employee-Friendly Analysis 

Foley & Lardner LLP on

On January 9, 2024, the United States Department of Labor (DOL) issued its long-awaited final rule (“Final Rule”) regarding worker classification under the Fair Labor Standards Act (FLSA or the “Act”). The Final Rule —...more

Snell & Wilmer

U.S. Department of Labor Issues New Final Rule for Classifying Independent Contractors, Effective March 11, 2024

Snell & Wilmer on

On January 10, 2024, the U.S. Department of Labor (“DOL”) published a final rule that imposes a new, six-factor test (see below) for determining whether workers are “independent contractors.” The final rule takes effect on...more

Harris Beach PLLC

Challenges Expected to Labor Rule Addressing Contractor/Employee Classification

Harris Beach PLLC on

The U.S. Department of Labor has officially adopted a rule that makes it more difficult for employers to classify workers as independent contractors, a change that could have profound effect on many industries, including...more

Jackson Walker

U.S. Department of Labor’s Final Rule on Employee or Independent Contractor Classification Under the Fair Labor Standards Act

Jackson Walker on

On January 9, 2024, the U.S. Department of Labor (“DOL”) announced the issuance of the final rule, Employee or Independent Contractor Classification under the Fair Labor Standards Act (“FLSA”). According to the DOL, the...more

McNees Wallace & Nurick LLC

DOL Rolls Out Final Rule on Independent Contractors under the FLSA

On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a long-awaited Final Rule that addresses when a worker is properly classified as an independent contractor under the Fair Labor Standards Act (the “FLSA”). ...more

White and Williams LLP

Déjà vu – the Department of Labor’s Final Rule on Worker Classification

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On January 9, 2024, the United States Department of Labor (the “Department”) announced its final rule on classifying workers as employees or independent contractors under the Fair Labor Standards Act (FLSA). Effective March...more

Foley Hoag LLP

U.S. Department of Labor Issues New Independent Contractor Rule

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The new rule makes it more difficult under federal law to classify workers as independent contractors. The new rule adopts the six-factor economic realities test, rather than the more stringent “ABC” test adopted by...more

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