News & Analysis as of

Independent Contractors Employer Liability Issues Sexual Assault

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 -
Miles Mediation & Arbitration

Arbitrability of Sexual Harassment and Sexual Discrimination Cases: Litigating in an Alternative Universe

It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have...more

Hogan Lovells

The Speak Out Act may require updates to pre-dispute employment agreements

Hogan Lovells on

President Biden recently signed into law the Speak Out Act (S. 4524), which prohibits enforcement of pre-dispute nondisclosure and nondisparagement agreements in connection with sexual assault and sexual harassment disputes....more

Perkins Coie

New Law Restricts Washington Employers From Using Nondisclosure and Nondisparagement Agreements

Perkins Coie on

Washington Governor Jay Inslee signed into law the Silenced No More Act (Engrossed Substitute House Bill 1795) on March 24, 2022, making Washington the second state in the nation after California to prohibit employers from...more

Miller Nash LLP

Washington Update: Employee Confidentiality Limitations Further Narrowed

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Since 2018, Washington has prohibited employers from asking employees to sign agreements as a condition of employment that require the employee to keep confidential allegations of sexual assault or sexual harassment....more

Fisher Phillips

The Top 17 Workplace Law Stories from February 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

Kramer Levin Naftalis & Frankel LLP

NYC Commission on Human Rights Issues Guidance on Expanded Protections for Independent Contractors and Freelancers

The New York City Commission on Human Rights (the Commission) has published guidance regarding an amendment to the New York City Human Rights Law (NYCHRL) that expanded protections under the law to independent contractors and...more

Fisher Phillips

Expect Changes To New York Sexual Harassment Laws In 2018

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Following national attention on the #metoo movement, New York Governor Andrew Cuomo announced plans as part of his State of the State address earlier this month to strengthen New York’s laws on sexual harassment in the...more

Bradley Arant Boult Cummings LLP

Happy Thanksgiving and the Many Things for Which We Are Thankful

Before everyone gets out of the office to their various homes and families to celebrate the holiday, we wanted to review the year and count our blessings. Not only are we thankful that our families and colleagues in our...more

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