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Independent Contractors Employer Liability Issues Regulatory Requirements

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 -
Pullman & Comley - Labor, Employment and...

The Newest Wage Hour Risk in Connecticut: Election Poll Workers

A new Connecticut law went into effect this year creating early voting procedures for the first time in Connecticut.  The law, Connecticut General Statutes § 9-163aa, provides that before each election, a period of early...more

Constangy, Brooks, Smith & Prophete, LLP

Compliance Unveiled: 10 Must-Know Tips for the Pregnant Workers Fairness Act & Independent Contractor Rules

Unlock the secrets to seamless compliance in our exclusive webinar, where we dissect the intricate details of the Pregnant Workers Fairness Act (PWFA) and the Independent Contractor Rules. With significant regulatory changes...more

Perkins Coie

Washington State Tightens Noncompete Restrictions

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Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6,...more

Ward and Smith, P.A.

Navigating the Latest Employment Law Developments: What Employers Need to Know

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Five Ward and Smith attorneys offered timely updates on religious accommodations, professional licensing, pregnancy laws, remote work, and independent contractor rules during the firm’s recent annual Employment Law Symposium....more

Fenwick & West LLP

The California Attorney General Investigates CA Employers’ CCPA Compliance

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On July 14, 2023, California Attorney General Rob Bonta announced an “investigative sweep” through inquiry letters sent to large California employers. The sweep seeks information on companies’ compliance with the California...more

Perkins Coie

Seattle’s New Independent Contractor Protections

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Seattle’s new Independent Contractor Protections Ordinance (the Ordinance) took effect on September 1, 2022. The law requires certain employers to provide independent contractors with disclosures both before entering a...more

Littler

Here We Go Again! California's Latest Crop of Employment Laws

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California is at it again – adopting a host of new labor and employment laws that will further regulate and complicate business operations in the Golden State.  Littler’s Workplace Policy Institute has been tracking these...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

CDF Labor Law LLP

[Webinar] New California Employment Laws and Developments - December 3rd, 9:30 am - 11:00 am PT

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On December 3, 2020 from 9:30 to 11:00 a.m. (Pacific Time), we will be hosting our complimentary annual “Year in Review” webinar reviewing 2020’s new laws, judicial decisions, and regulatory developments affecting California...more

Littler

New State Employment Laws Set to Take Effect on January 1, 2021

Littler on

As employers continue to grapple with the ever-changing legal landscape of COVID-era regulations, 2021 will bring changes to the traditional realm of employment law in dozens of jurisdictions.  Compared to prior years, there...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - February 2020 #3

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NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more

Seyfarth Shaw LLP

NYC Amends Guidance, Now Requires Independent Contractors to Receive Annual Anti-Harassment Training

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York City Commission on Human Rights (the “City Commission”) has amended its guidance concerning the annual anti-sexual harassment training requirement under the Stop Sexual Harassment in NYC Act. ...more

Littler

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

Littler on

Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more

Littler

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

Littler on

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

Polsinelli

New Jersey Continues to Expand Worker Protections – New Protections for Misclassified Workers; New Potential Liability

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In addition to bolstering the provisions of its mini-WARN Act (see Part I), New Jersey Governor Phil Murphy also recently signed into law expansive provisions aimed at deterring worker misclassification....more

Troutman Pepper

Slate of N.J. Laws Require Severance Pay in Mass Layoffs and Increased Penalties for Worker Misclassification

Troutman Pepper on

January 2020 was a busy month for New Jersey’s executive branch. Governor Phil Murphy signed into law at least five workplace-related bills, one of which revised the New Jersey mini-WARN Act, one granting state regulators...more

Seyfarth Shaw LLP

New Jersey Strengthens Enforcement Tools to Crack Down on Independent Contractor Misclassification

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Seyfarth Synopsis: Governor Murphy signed 153 bills into law on January 20, 2020, including six (6) that increase enforcement mechanisms for state agencies to impose certain penalties against employers who misclassify workers...more

Seyfarth Shaw LLP

Workplace Safety In The Gig Economy: New Hazards and Liabilities

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Seyfarth Synopsis: The growth of the gig economy has transformed the modern workforce and upended traditional models for developing a workplace safety culture and worker safety training. New and inexperienced workers...more

Seyfarth Shaw LLP

All I Want For Christmas Is A Fair Reading of Exemptions:  2018 Year In Review

Seyfarth Shaw LLP on

It’s the week before Christmas, and in our practice group meeting, We look back and consider the year that’s completing. The wage-hour nuggets that earn all our favor, Wond’ring “Is this the last time I’ll be rhyming ‘class...more

Littler

Trump Administration DOL Issues First Substantive Guidance on Independent Contractors

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The Wage and Hour Division of the Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) on Friday, July 13, 2018, titled “Determining Whether Nurse or Caregiver Registries Are Employers of the Caregiver.”...more

Seyfarth Shaw LLP

Outsourcing: Why The Game Has Changed

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Traditionally, alternative labour models – including outsourcing and contracting – have been used by business to defray cost and risk and deal with workflow fluctuations. Today’s environment is creating new challenges for...more

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