News & Analysis as of

Independent Contractors Criminal Background Checks

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 -
Locke Lord LLP

Can You Legally Get Criminal Background Checks on Independent Contractors?

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Independent contractors can pose safety and security risks as much as employees. Some go into customer homes. Others have access to personally identifiable information and proprietary business information. Some independent...more

Goldberg Segalla

New York State Employment Law Update (Part 1)

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New York remains one of the busiest states from a business perspective, with ever-changing employment laws that affect businesses. This is the first part of a four-part series providing recent New York employment law updates....more

Littler

Another Privacy Headache for California: Court of Appeal Ruling Will Slow Down Criminal Background Checks Throughout California

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Companies that hire employees and engage independent contractors in California should brace for a significant slowdown in background checks that include criminal record searches in California state courts....more

Morgan Lewis

Updates to NYC Fair Chance Act Expand Protections for Applicants, Current Employees, Independent Contractors

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Effective July 29, 2021, revisions to the New York City Fair Chance Act (FCA) will impose new requirements on New York City employers who evaluate criminal history information, including pending criminal charges, when making...more

Mintz - Employment Viewpoints

NYCCHR Releases Updated Fair Chance Act Guidance Ahead of Important Changes

The NYC Commission on Human Rights (the Commission) has released updated enforcement guidance regarding the Fair Chance Act. New York City amended the Fair Chance Act last year and those changes will go into effect on July...more

McGlinchey Stafford

Eye On The Session: Labor And Employment Bills To Watch In The Louisiana Legislature

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The McGlinchey Stafford Labor and Employment team is monitoring several bills in the 2021 Louisiana Legislative Session as they may impact your business. The session is scheduled to adjourn on June 10. House Bill 151...more

Fisher Phillips

April 2021: The Top 16 Labor And Employment Law Stories

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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

Littler

Philadelphia Enacts Amendments to and Expands Coverage of its Background Screening Ordinances

Littler on

For years, Philadelphia has maintained ordinances substantially restricting employers’ use of criminal record and credit histories in employment screening.  These regulations are in addition to, not in lieu of, the federal...more

Epstein Becker & Green

Roadmap to Compliance: Major Employment Laws Effective as of January 2021 and Beyond

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While state legislatures focused much-needed attention on pandemic-related legislation throughout most of 2020, many continued to alter their employment laws in significant ways, or simply had previously passed laws scheduled...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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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

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q3 2020

State and local governments are increasingly regulating the workplace. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help...more

Troutman Pepper

10 Key FCRA Decisions and Why Companies Should Care About Them

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The case law surrounding the Fair Credit Reporting Act (FCRA) is ever-changing, and staying up to date on certain, key statutory definitions is a core compliance task for any company subject to the FCRA....more

McNees Wallace & Nurick LLC

PA School Districts Given the Green Light to Exceed Mandates of PA School Code on Background Checks for Contractors

A recent decision from Pennsylvania’s Commonwealth Court is likely to result in additional burdens on construction firms working with Pennsylvania school districts. In an already tight labor market, the court’s decision in...more

Littler

WPI State of the States: New Year, New Legislative Trends

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The year 2020 is already shaping up to be quite active on the employment law front, and a quarter of U.S. states have yet to convene their 2020 legislative sessions. In January, over 800 labor and employment-related bills,...more

Fisher Phillips

NYC Gig Workers Earn Workplace Protections

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Gig workers in New York City recently gained a suite of workplace protections normally reserved for employees. The City Council amended its antidiscrimination laws in September to cover independent contractors, meaning that...more

Littler

Is Foresight 2020? Employers Confront New Laws Taking Effect in the New Year

Littler on

As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the...more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q2 2019

State and local governments are increasingly regulating the workplace. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help...more

Littler

WPI Labor Day Report 2018

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Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s Workforce Policy Institute’s Labor Day Report examines the state of...more

Jackson Lewis P.C.

Class Action Trends Report Summer 2018

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ABC Discount Superstores prides itself on undercutting any competitor’s prices— and on the diversity of its workforce. Always on the cutting edge, the company was among the first in the retail industry to embrace online...more

Manatt, Phelps & Phillips, LLP

Employment Law - August 2018

New York AG Hits Employer With $120K Fine for Violations - Why it matters - The New York attorney general settled with an international retailer for violations of both the state and city “ban the box” laws for $120,000...more

Littler

WPI State of the States: Pay Equity, Sexual Harassment Continue to Drive State Bills

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While the surge of state-level legislation introduced in the first quarter of 2018 has waned, some significant labor and employment bills are advancing through their legislative chambers. ...more

Davis Wright Tremaine LLP

Our Nominees for the Top 20 California Employment Law Risks to Agriculture Employers

California agricultural employers must be mindful of the federal, state, and local laws on the books, many of which pose traps for the unwary. Here are some of the most important employment and labor legal issues warranting...more

Fisher Phillips

Your Comprehensive Guide to 2018 Proposed California Legislation

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February 16 was the deadline to introduce new bills in the California Legislature. By that date, nearly 2,200 bills were introduced. While that may seem like a staggering amount of legislative proposals (especially for a...more

Locke Lord LLP

January 2018 Independent Contractor Misclassification and Compliance News Update

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There were six noteworthy cases in the area of independent contractor misclassification and compliance in January 2018 involving drivers of trucking companies, behavioral therapists, ride-sharing drivers, insurance agents,...more

Davis Wright Tremaine LLP

Our Nominees for the Top 20 California Employment Law Risks

New laws pop up in California on a regular basis, as summarized by our What’s New for 2018 advisory. Meanwhile, California employers must also be mindful of the laws already on the books, many of which pose traps for the...more

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