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Independent Contractors Employee Definition Labor Regulations

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 -
Goodwin

UK General Election: Key Employment-Related Manifesto Pledges

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With the upcoming UK General Election, many employers are carefully considering changes each party may implement and the corresponding impact on their businesses. Employment law and workers’ rights are a key focus in each of...more

Tucker Arensberg, P.C.

Considerations When Switching Independent Contactors to Employees

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Federal and state governments are engaging in heightened scrutiny of employer-independent contractor relationships. There is a concern that many workers have been misclassified as independent contractors (“IC”) when they are...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

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

Tucker Arensberg, P.C.

Pennsylvania Targets Worker Misclassification: Steep Costs Await Uninformed Employers

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Pennsylvania is cracking down on misclassification of workers, and the costs to employers could be steep. Pennsylvania is placing an emphasis on employee classification. Recent investigations into misclassification have...more

Littler

New York Enacts Sweeping Changes to Independent Contractor Arrangements

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The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not...more

Miller & Martin PLLC

How Will the New DOL Final Rule Regarding Independent Contractors Impact Your Company?

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The new Department of Labor (DOL) Final Rule provides the following non-exhaustive six-factor test regarding whether a worker should be classified as an employee or an independent contractor for wage payment purposes...more

Burr & Forman

The Burr Broadcast: New Independent Contractor Rule

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In this episode of The Burr Broadcast, Chandler Aragona explains the new Independent Contractor rule that goes into effect on March 11, 2024. ...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

Saul Ewing LLP

The City of Los Angeles Imposes New Requirements for the Use of Independent Contractors

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Effective July 1, 2023, the Freelance Worker Protections Ordinance of the City of Los Angeles became effective, imposing new requirements on the use of independent contractors and freelance workers together with new penalties...more

CDF Labor Law LLP

Los Angeles’ New Requirements For Work With Independent Contractors

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California has gone to great lengths to limit independent contractor relationships and recently, the City of Los Angeles, created additional hurdles to the hiring and use of independent contractors or freelance workers. The...more

Epstein Becker & Green

Columbus, Ohio, Adds Freelance Worker Protections to Its City Code

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The nationwide growth of the “gig economy” has provoked the enactment of laws aimed at providing economic protection to freelance workers. In May 2023, the Columbus  City Council joined this national trend by amending the...more

CDF Labor Law LLP

Written Contract Will Be Required For Many Independent Contractors And Freelance Workers In Los Angeles Starting July 1, 2023

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A new city ordinance in Los Angeles will take effect on July 1, 2023, which requires a written contract for many independent contractors and freelance workers who work in the city. This ordinance, known as the Freelance...more

Goldberg Segalla

Governor Hochul Vetoes Two New York Employment Bills

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Key Takeaways - Gov. Hochul vetoed the Freelance Isn’t Free Act. Gov. Hochul vetoed the State Contractor Equal Pay Disclosure bill. New Versions of both bills may be reintroduced in next  year’s legislative...more

Locke Lord LLP

52,644: The Number Of Comments Submitted To Labor Department On Proposed Rule Governing Independent Contractor Classification

Locke Lord LLP on

In response to the U.S. Department of Labor’s proposed regulation released to the public on October 11, 2022 entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act,” an unprecedented...more

Burr & Forman

Department of Labor’s Notice of Proposed Rulemaking – Independent Contractor Classification Under the Fair Labor Standards Act

Burr & Forman on

Fair Labor Standards Act - The FLSA establishes minimum wage, overtime pay, and payday standards, in addition to recordkeeping obligations and other workplace mandates. Importantly, the FLSA only places requirements on...more

Morgan Lewis

US Department of Labor Publishes Independent Contractor Proposed Rule

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The US Department of Labor published a Proposed Rule on October 13 seeking to return to applying a test that would make it more difficult for certain workers to qualify as independent contractors....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

Littler

New York Appellate Court Takes First Crack at Interpreting NYC’s Freelancing Law

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The First Department of the Supreme Court, Appellate Division (the “Appellate Division”) recently issued the first appellate decision interpreting New York City’s Freelance Isn’t Free Act (FIFA). Plaintiffs – a photography...more

Hogan Lovells

Vertragsgestaltung im Arbeitsrecht – Einsatz von Freelancern im Rahmen moderner Arbeitsformen

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Ob Crowdwork, Cloudwork, Clickwork oder Gigwork – die modernen Alternativen zur klassischen Festanstellung sind aus der modernen Arbeitswelt nicht mehr wegzudenken. Eine rechtssichere Vertragsgestaltung ist hierbei...more

Miller Nash LLP

California Employer‘s Good-Faith Belief That Freelance Model Was Not an Employee Defeats Penalty Claims

Miller Nash LLP on

California employers will be pleased to learn that the Ninth Circuit Court of Appeals recently held that a retail store reasonably believed that a freelance model who worked in irregular one- or two-day periods was not an...more

Freeman Law

Worker Classification: Employee or Contractor?

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Worker classification is one of the most common, recurring tax disputes.   At its most basic level, the question boils down to this: Is the worker an employee or an independent contractor?  The risks of getting it wrong can...more

Littler

Federal Court Decision Protects Independent Contractor Status

Littler on

On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the...more

Arnall Golden Gregory LLP

Lights, Camera, Legal Action: Avoiding Employment Pitfalls in the Film and Studio Industry

In the wake of the deadly Rust tragedy last year, independent studios and production companies began revisiting their practices, policies, and attitudes regarding safety on set....more

Littler

Littler Global Guide - Switzerland - Q4 2021

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The High Court of the Canton of Vaude recently decided that the couriers of an online food ordering and delivery service are in fact employees. Very interestingly, the Court concluded that the digital platform leases them out...more

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