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Independent Contractors Human Resources Professionals

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 -
PilieroMazza PLLC

Call It What It Is: D.C. Cracks Down on Employee Misclassification in Construction

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Employee misclassification is an area of employment law that has steadily become a prominent subject of litigation in recent years. The decision of whether a specific worker is properly identified as an employee or...more

Winthrop & Weinstine, P.A.

What You Need to Know About the Minnesota Supreme Court Decision on Negligent Selection of Independent Contractors

The Minnesota Supreme Court recently issued a landmark decision recognizing the tort of “negligent selection of an independent contractor.” This development holds significant implications for businesses that engage...more

Sands Anderson PC

Understanding the New Rules of Independent Contractor Classification Law

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There are few areas in employment law that remain in a greater state of flux than the question of who a business can properly classify as an independent contractor.  The differences between federal and state law can make the...more

Winthrop & Weinstine, P.A.

Independent Contractors Revisited: Frequently Asked Questions About the Department of Labor's New Final Rule for Worker...

On January 10, 2024, the U.S. Department of Labor (DOL) published its final rule changing its existing test to determine whether a worker is an independent contractor or an employee under the Fair Labor Standards Act (FLSA)....more

Dentons

Complex Laws Around Healthcare Employees Get More Complicated - Changes to Non-competes, Confidentiality, Independent Contractor,...

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Employers have seen an enormous number of changes recently to various rules about how they manage their employee base. This includes a Notice of Proposed Rule Making by the Federal Trade Commission (FTC) in late 2023,...more

Cranfill Sumner LLP

Let’s Work It Out: U.S. Department of Labor Finalizes Rule for Independent Contractor Status – Takes Effect March 11

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This past week, the U.S. Department of Labor (DOL) issued a final rule for the classification of workers as employees or independent contractors.  The changes in regulations pertaining to the Fair Labor Standards Act (FLSA)...more

Fisher Phillips

PEO Pointers: New Contractor Rule Means PEOs Need to Do These 4 Things

Fisher Phillips on

Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance...more

Brownstein Hyatt Farber Schreck

Reality Check: U.S. Department of Labor Finalizes Worker Classification Rule

On Jan. 9, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division announced its final rule on Employee or Independent Contractor Classification. The announcement marks the end of a rulemaking process that started...more

Epstein Becker & Green

New York State Follows New York City in Enacting Freelance Worker Protections

On November 22, 2023, New York Governor Kathy Hochul signed the Freelance Isn’t Free Act (the “State Act”), Senate Bill S5026. This new law (codified as a new Section 191-d of the New York Labor Law) will require written...more

Mitratech Holdings, Inc

20 Trends in Human Resources Management You Can Expect to See in 2024

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As we fast forward to 2024, it’s clear that the HR landscape is undergoing a dramatic transformation. From realigning priorities and adapting operating models to embracing new technologies and championing employee well-being,...more

Ward and Smith, P.A.

Messy "Real Life" LARP: An Employer's Accident Response Deconstructed for In-House Counsel

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During Ward and Smith’s annual Employment Law Symposium, three attorneys provided insights on a fictional construction company's reaction to a serious job site accident. In the session, the attorneys shed light on key issues...more

Poyner Spruill LLP

Avoid Classification Missteps: DOL Proposes New Rule For Determining Independent Contractor Status

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Last month, the U.S. Department of Labor published a proposed rule to modify the federal guidelines for determining how to properly classify an individual as an independent contractor or employee under the Fair Labor...more

Miller & Martin PLLC

Department of Labor Announces Proposed Rule on Employee/Independent Contractor Test

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The U.S. Department of Labor yesterday announced a Proposed Rule on the test to determine whether a worker should be classified as an employee or an independent contractor under the Fair Labor Standards Act.  The DOL will...more

Miller & Martin PLLC

The Top 5 Most Common Wage and Hour Law Mistakes New Businesses Make

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Adding personnel is typically a good indicator of growth for a new or emerging business. However, despite good intentions or attempts to achieve greater efficiency, many new businesses make common mistakes like the ones...more

Stoel Rives - World of Employment

Oregon Supreme Court Enforces Employment Arbitration Agreement

Oregon employers that require arbitration for employment-related disputes recently received some good news from the Oregon Supreme Court.  In Gist v. ZoAn Management, Inc., the Court rejected the plaintiff’s argument that his...more

Wilson Sonsini Goodrich & Rosati

Washington’s Silenced No More Act Significantly Limits Scope of Employment Agreements

Companies with employees or independent contractors who work or reside in Washington State should take heed that Washington's Silenced No More Act (the act) goes into effect on June 9, 2022. The act places substantial limits...more

Fisher Phillips

The Top 17 Workplace Law Stories from May 2022

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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

Fisher Phillips

3 Ways that Workflow Automation Can Boost Your Gig Economy Workplace Relationships

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A recent post by Alaura Jacobs, Product Marketing Manager at Mitratech, examined three ways in which workflow automation can benefit your organization when managing freelance employees – and there are obvious crossover...more

Fisher Phillips

Human Resources Can Take These 3 Steps to Minimize Misclassification of Gig Economy Workers

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As the gig economy continues to grow and workforce shortage concerns continue to mount, Human Resource Departments may be feeling the strain of ensuring proper separation between independent contractors and those employed by...more

BakerHostetler

[Ongoing Program] Master Class 2022 Wrap-Up - May 3rd, 2:00 pm - 3:00 pm ET

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Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more

Fisher Phillips

What Will 2022 Bring for the Gig Economy?

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As gig economy businesses – and other employers that implement gig-like workforce models – gear up for a new year, it’s natural to look ahead and begin to set expectations for what the road ahead might bring. We’ve scoured...more

Nossaman LLP

[Webinar] California Employment Law Update: What Employers Need to Know in 2022 - February 3rd, 11:00 am - 12:00 pm PT

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Please join our Employment Group on February 3, 2022 from 11:00 a.m. to 12:00 p.m. PT for a webinar covering significant new employment legislation in California, as well as case law developments and evolving COVID-19...more

BakerHostetler

[Ongoing Program] Opening Plenary Session – The ‘New’ Normal: The State of Labor Relations and Employment Law - February 1st, 2:00...

BakerHostetler on

Please join us for BakerHostetler’s The ‘New’ Normal: The State of Labor Relations and Employment Law Master Class. Our 9th Annual Master Class will be virtual again this year, as it was last year, due to the continuation of...more

Cranfill Sumner LLP

South Carolina Supreme Court Issues Landmark Decision Regarding Contract Workers

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The South Carolina Supreme Court recently issued a landmark decision, Keene v. CAN Holdings, LLC (August 11, 2021), narrowing the statutory employee doctrine and increasing the likelihood companies can be held liable in tort...more

Fisher Phillips

E-Sports: How Employers Can Solve Human Problems in a Digital World

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While you can debate all you want on whether e-Sports is a “real” sport (or if PC is better than console), this colossal global market of video game competition is currently valued at $1.08 billion dollars – and is definitely...more

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