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Independent Contractors Employer Liability Issues Joint Employers

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 -
Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Brownstein Hyatt Farber Schreck

Employer Whiplash: Federal Agencies Flip-Flop on Two Federal Employment Rules

While federal regulations and rules shift under new administrations frequently, recent events related to two important employment rules mean they revert to prior versions, potentially exposing employers to legal liability if...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

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your March To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...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

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your February To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Fenwick & West LLP

5 Practical Employment Tips You Need to Know for 2024

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2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through...more

BakerHostetler

Snakes! And Other Things to Watch for in 2024, Contingent Workforce Edition

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When playing professional sports in Australia, you’d better watch out for snakes. A venomous red-bellied black snake was spotted on the field at an Australian Football League Women’s match earlier this year, causing an...more

McDermott Will & Emery

[Webinar] Looking Ahead to 2024: Global Labor and Employment Legal Update - December 6th, 11:30 am - 2:00 pm EST

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Following a dynamic year coupled with a continually evolving legal landscape, employers may feel that they are left with more questions than answers. Join us for an in-depth webinar that will unpack the most pertinent legal...more

Epstein Becker & Green

The Industrial Welfare Commission Returns with Plans for More Protections for California Employees

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With $3 million in funding from A.B. 102, California’s recent appropriations bill, the Industrial Welfare Commission (IWC), the administrative body charged by statute to regulate wages, hours, and working conditions, will...more

Lathrop GPM

Maine Federal Court Grants Franchisor’s Motion to Dismiss Age Discrimination Claim Brought by Franchisee’s Independent Contractor

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A federal court in Maine granted a franchisor’s motion to dismiss claims asserting that a franchisor was liable for its franchisee’s alleged age discrimination in employment. Goodwill v. Anywhere Real Est., 2023 WL 4034372...more

Polsinelli

Misclassification Concerns in Staffing Relationships

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Employers utilizing staffing agencies should be on high alert given the Department of Labor’s (“DOL”) recent investigations targeting these arrangements. Specifically, the DOL has been actively investigating businesses that...more

DarrowEverett LLP

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

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Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

McDermott Will & Emery

[Webinar] LABOR & EMPLOYMENT 2023 LEGAL UPDATE - December 7th, 9:00 am - 10:30 am PST

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Following a dynamic year that included a continually evolving legal landscape, employers are left with more questions than answers. During this in-depth discussion, we will unpack a number of new laws that will spring into...more

Fisher Phillips

The Top 16 Workplace Law Stories from September 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

BakerHostetler

Dead End for Class Certification? Ninth Circuit Provides Roadmap for Defending Independent Contractor Misclassification Class...

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For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a...more

Payne & Fears

Key California Employment Law Cases: April 2022

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Summary: Good-faith dispute about employment status of freelancer who modeled in sporadic one- or two-day increments precluded imposition of waiting-time penalties pursuant to Labor Code section 203. ...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

Bradley Arant Boult Cummings LLP

Plaintiff Gets Second Serve: 2nd Circuit Clarifies Joint Employer Test and Allows Security Guard to Amend Complaint

There has been a lot of discussion over the last few years about the joint employer test for liability under employment statutes. Whether it be Uber drivers in California or the back and forth over the Trump administration’s...more

Constangy, Brooks, Smith & Prophete, LLP

Looking back at 2021 and ahead to 2022

Host Leigh Tyson interviews Jon Yarbrough about what happened in 2021 in labor and employment law (spoiler alert: a lot!) and what we can expect in 2022....more

Nelson Mullins Riley & Scarborough LLP

Massachusetts SJC Adopts Federal Standard in Determining Joint Employer Status

In a December 13, 2021 decision, the Massachusetts Supreme Judicial Court adopted a standard heretofore applied in federal court for determining joint employer status.  In Jinks v. Credico (USA) LLC, four plaintiff employees...more

Fisher Phillips

The Top 16 Workplace Law Stories from December 2021

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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

Seyfarth Shaw LLP

SJC Rejects Expansive Standard for Joint Employment Under Massachusetts Wage Laws, Aligning with Federal Standard

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On December 13, 2021, the Massachusetts Supreme Judicial Court answered longstanding questions about which entities may be jointly responsible for wage violations under Massachusetts law. In Jinks v. Credico (USA) LLC, a...more

BakerHostetler

[Ongoing Program] Answering Tough Questions About Independent Contractors, Joint Employment and the Contingent Workforce, Using...

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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

Cooley LLP

Massachusetts High Court Eases Burden on Business, Confirms FLSA Test Governs Joint Employer Inquiry

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On December 13, 2021, the Massachusetts Supreme Judicial Court (SJC) held that the multifactor standard of the Fair Labor Standards Act (FLSA), and not the Massachusetts Independent Contractor Law’s “ABC test,” determines...more

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