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Independent Contractors Employer Liability Issues

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 -
Brooks Pierce

Counting Down to the New Year: Ten “Need-to-Know” Labor and Employment Developments of 2024

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2024 was yet another active year in the labor and employment landscape. While 2025 and the new administration could bring any number of changes to workplace laws and enforcement, the timing and extent of such changes is...more

Jones Day

Recent Amendments to Australia's Fair Work Act Impact Whether Independent Contractors Are Deemed "Employees"

Jones Day on

Recent amendments to the Fair Work Act 2009 (Cth) establishing a new "whole-of-relationship test" increase the likelihood that Australian businesses will face claims of "sham contracting" by misclassifying employees as...more

Locke Lord LLP

“Love is Blind” – Can Reality TV Shows Minimize Independent Contractor Misclassification of Contestants? ‎

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A federal agency last week accused the companies that created and produce the Netflix reality television series “Love is Blind” of misclassifying the contestants on the show as independent contractors (ICs) instead of...more

Locke Lord LLP

Federal Government Study Shows Independent Contractor Working Arrangement Steadily ‎Increasing: November 2024 IC Legal News Update

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The most compelling news involving independent contractor compliance and misclassification last month was not a class action lawsuit or a government investigation but rather a government study released by the Bureau of Labor...more

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

California Employers, Get Ready! Wide Range of Employment-Related Laws Will Take Effect January 1, 2025

New California employment laws are scheduled to take effect on January 1, 2025. These laws address a variety of issues, including the state minimum wage, discrimination protections, paid time off, and employers’ messages...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 5 "Protections for Freelance Workers"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the fifth day of the holidays, my labor and...more

Steptoe & Johnson PLLC

Expect Major Changes to Employment Benefits Under the Incoming Trump Administration

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Although President-elect Trump provided few, if any, specific details surrounding his proposed changes to policies affecting employee benefits during his 2024 presidential campaign, employers and employees should expect a...more

Smith Gambrell Russell

‘Tis the Season for Celebration and the Annual Party Pooper’s Guide to the Holidays

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For employers, the holiday season often includes hosting annual parties, catering office luncheons, or distributing end-of-year gifts and bonuses. However, with these good tidings and cheers comes potential liabilities....more

Locke Lord LLP

Due Diligence of a Target Company’s Independent Contractor Misclassification Risks by ‎Private Equity Firms

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Private equity firms regularly conduct due diligence of legal risks that could impact potential investments. Yet when considering whether to invest in a target company structured in whole or in part on an independent...more

Locke Lord LLP

How Health Care Systems Can Guard Against Independent Contractor Misclassification ‎Liability for Contract Nurses

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We can learn quite a lot from a legal challenge faced by other business organizations in the same industry. In September, we noticed that a large health care system operating in seven states west of the Mississippi had been...more

Perkins Coie

Compliance Tips for Retailers During the Holiday Season

Perkins Coie on

The holiday season marks the busiest time of the year for retailers. Filled with holiday cheer, many shoppers look forward to availing themselves of ever-enticing holiday deals. To fully capitalize on the most wonderful...more

Fisher Phillips

The 7 Biggest Things Retailer Employers Need to Pay Attention to During the Busy Holiday Season

Fisher Phillips on

The holiday season is a whirlwind for retailers: packed stores, long hours, and the need for extra hands to meet demand. While your focus often centers on sales and customer satisfaction, ensuring compliance with employment...more

Locke Lord LLP

Newest State Independent Contractor Pay Protection Law Creates Uncertainties: October 2024 ‎IC Legal News Update

Locke Lord LLP on

The most significant legal development in the past month in the area of independent contractor compliance was the enactment of California’s Freelance Worker Protection Act, which goes into effect on January 1, 2025. We have...more

Fisher Phillips

Top 10 Workplace Law Developments To Expect Under President Trump

Fisher Phillips on

Now that we know Donald Trump will return to the White House as President, it’s time for employers to take a look at what they might expect during his second term in office. We have gathered insights from some of our firm’s...more

Conn Kavanaugh

When Employers Should Seek Employment Counsel: 7 Key Scenarios

Conn Kavanaugh on

Navigating employment laws can be challenging for businesses in Massachusetts. From hiring to termination, understanding this complex legal landscape is crucial to avoid costly mistakes. This article highlights seven key...more

Locke Lord LLP

Federal Independent Contractor Law Will Hardly Be Impacted by a Change in ‎Administration, but State Laws Will Continue to Be...

Locke Lord LLP on

Many commentators will likely suggest that the law involving independent contractor misclassification will become more favorable to businesses and less favorable to workers with a change in the White House. While things will...more

Kilpatrick

Illinois Independent Contractors Afforded New Avenues of Wage Recovery

Kilpatrick on

Wage theft is a growing concern that poses significant threats to workers across Illinois and Chicago. This alert outlines recent legislative changes that expand the avenues for wage recovery for independent contractors,...more

CDF Labor Law LLP

[Webinar] New California Employment Laws and Developments for 2025 - November 20th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

Join us for a comprehensive, complimentary webinar on November 20, 2024, from 10:00 - 11:00 a.m. (Pacific), presented by CDF Partners Mark S. Spring and Nicole Legrottaglie Wohl. This “Year in Review” session will cover the...more

Davis Wright Tremaine LLP

California's New Employment Laws: Get Ready for 2025

Approved legislation covers topics from paid leave to freelance work, driver's license discrimination to intersectionality discrimination, a "captive audience" ban to social compliance audits, with other laws specifically...more

Locke Lord LLP

Commentary: NLRB Poised to Rule That Independent Contractor Misclassification Alone ‎Violates the Law, but Ruling Not Likely to...

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A recent decision by the National Labor Relations Board in a case involving workers who were classified by a company as independent contractors has provided a clear signal that the NLRB is likely to reverse its current law...more

Locke Lord LLP

NLRB About to Rule That Independent Contractor Misclassification Alone Violates Law

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Is independent contractor misclassification, standing alone, a violation of the National Labor Relations Act? Last month, the National Labor Relations Board issued a decision in a case involving workers who were found to be...more

Perkins Coie

Recent District of Arizona Opinion Holds Two Non-Compete Agreements Are Unenforceable

Perkins Coie on

A recent District of Arizona opinion—Berkadia Real Est. Advisors LLC v. Wadlund, 2024 WL 4125533—found two different non-compete agreements to be unenforceable: one that was ancillary to the sale of a business and one that...more

Fisher Phillips

Labor Department to Crack Down on These 7 Workplace Contract Provisions

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The Labor Department’s top lawyer announced on Tuesday that the agency would target seven specific employment-related contract provisions that she believes could discourage workers from exercising their rights under federal...more

Seyfarth Shaw LLP

Appellate Courts Restore a Measure of Sanity to Independent Contractor Classification Under Massachusetts’ Wage Law

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In a refreshing break for business in the Bay State, two recent appellate court decisions have confirmed that legitimate independent contractor relationships are alive and well in Massachusetts. Those decisions are Patel, et...more

Kelley Drye & Warren LLP

Anticipating A Swing In The Pendulum: A Preview Of Workplace Law Considerations Ahead Of The 2024 Election

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On November 5, 2024, voters will decide the presidential election, and on January 20, 2025, the new president will be inaugurated. Voters will also decide which party will retain control of the House and Senate, a rare...more

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