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Independent Contractors Employer Liability Issues United Kingdom

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 -
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

Goodwin

Employment Status - A View From Both Sides of the Pond

Goodwin on

In recent years, employment status has been an evolving topic globally as various jurisdictions grapple with how to properly categorise increasingly flexible forms of working. A regulatory change in the United States by the...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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2023

New York, Minnesota and NLRB Act To Limit Noncompetes - New York Legislature Passes Bill To Ban Post-Employment Noncompetes - On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...more

Locke Lord LLP

UK Independent Contractor Misclassification Issues

Locke Lord LLP on

While misclassification is a well-known employer liability issue in the US in the context of wage and hour claims, the complexity of the UK legal framework concerning employment status is also worth exploring to understand...more

Morgan Lewis - Tech & Sourcing

Labor and Employment Law Issues in UK and EU Outsourcing Transactions, Part 2: A Conversation with Lee Harding

Welcome to the conclusion of our two-part Spotlight post with Lee Harding in which we discuss key employment/labor and employment law issues in relation to UK and EU outsourcing transactions. In Part 1, we talked about key...more

Littler

Littler Global Guide - United Kingdom - Q4 2021

Littler on

Striking Workers Are Protected from Suffering Detriment - Precedential Decision by Judiciary or Regulatory Agency - On November 18, 2021, the Employment Appeal Tribunal (EAT) confirmed that workers who take part in...more

Eversheds Sutherland (US) LLP

Tread carefully: Global pay and employee benefits traps for the unwary

This briefing highlights a number of international pay and employee benefits legal issues that carry potentially severe penalties. Each of these issues is well worth a review now to avoid future consequences. International...more

McDermott Will & Emery

UK Supreme Court Confirms That Uber Drivers Have “Worker” Rights

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The UK Supreme Court has decided that Uber drivers are “workers” for UK employment law purposes. In reaching that decision, the Supreme Court unanimously upheld the decision of the original Employment Tribunal and agreed...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - February 2021

In this issue of UK Employment Flash, we examine the latest employment law developments, news and insights from the UK, including considerations for employers requiring staff to get the COVID-19 vaccine, the delayed rollout...more

Robins Kaplan LLP

Financial Daily Dose 2.19.2021 | Top Story: UK High Court Deems Uber Drivers “Employees”

Robins Kaplan LLP on

Britain’s Supreme Court dealt Uber a blow this morning when it ruled that “drivers must be classified as workers entitled to a minimum wage and vacation time.” The decision—a disaster for Uber in a dispute that reaches back...more

Morgan Lewis

High Court: UK Government Failed to Implement EU Health and Safety Directives for ‘Limb B Workers’

Morgan Lewis on

In a judgment handed down on 13 November 2020, the High Court held that the UK government failed to provide workers with the right not to be disadvantaged for taking steps in response to serious and imminent danger and did...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - October 2020

This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more

Dechert LLP

COVID-19 Coronavirus Business Impact: UK Coronavirus Job Retention Scheme – more guidance issued

Dechert LLP on

The UK Government has issued further detail about its Coronavirus Job Retention Scheme. In this OnPoint we report on some of the specific issues relating to the operation of this scheme now addressed in more detail in the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

McDermott Will & Emery

UK Employment Law: 2019 Highlights and 2020 Forecast

As we move into 2020, there are a number of UK employment law developments on the horizon that require some preparation. The New Year is also a good time to take stock of key developments from the previous year to make sure...more

Proskauer - Tax Talks

Change to IR35 tax obligations from April 2020 for medium- and large-sized companies

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New rules to be introduced from April 2020 will make certain companies who engage workers through intermediaries (the “client”) subject to...more

Dechert LLP

Off-payroll working rules and the investment management industry from April 2020

Dechert LLP on

With effect from 6 April 2020, medium and large organisations in the private sector will become responsible for determining the employment status of individuals who provide services to such organisations through...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - May 2019

In this issue of UK Employment Flash, we examine the latest employment law developments, news and insights from the UK, including Brexit and its impact on workers' rights and data protection, new tax rules as they relate to...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Employment Law Reform, Uber’s Appeal and Proportionate Pay

The U.K. government has published its Good Work Plan. The report’s proposals seek to implement most of the recommendations in the Taylor Review of Modern Working Practices, which we reported in 2017 and 2018. The government...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - January 2019

This edition of Employment Flash looks at developments in labor and employment law, including with respect to restrictive covenants; new state anti-harassment laws; minimum wage increases; age bias claims; and the employee...more

Orrick, Herrington & Sutcliffe LLP

The Good Work Plan

On 17 December 2018, the UK government released the “Good Work Plan,” which sets out its vision for the future of the UK labour market....more

Hogan Lovells

Employment news - January 2019

Hogan Lovells on

Yeah but no but – Government response to sexual harassment report - The government's response to the Women and Equalities Select Committee report on sexual harassment in the workplace was published just before Christmas. ...more

Fisher Phillips

UK Workplace Reforms Will Impact—But Not Disrupt—The Gig Economy

Fisher Phillips on

The British government announced workplace reforms yesterday (which include new legislation) that will impact employers including gig economy companies, although the reforms do not seek a “radical reworking of existing...more

Littler

UK Supreme Court Finds Leaks in Pimlico's Independent Contractor Model

Littler on

The United Kingdom Supreme Court recently held that an individual who worked for Pimlico Plumbers as an “independent contractor” was in fact a “worker.” Pimlico Plumbers Ltd and another v Gary Smith [2018] UKSC 29....more

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