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Independent Contractors Enforcement Misclassification

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 -
Davis Wright Tremaine LLP

FTC Commissioner Bedoya Signals Agency's Expansion Into Labor Matters

FTC Commissioner Alvaro Bedoya proposed expanding the agency's power under Section 5 of the FTC Act to situations where employers improperly classify workers as independent contractors. Section 5 of the FTC Act broadly...more

DarrowEverett LLP

The Show Must Go On: Entertainer-Employee Classification Takes Center Stage for Venues

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It’s spring 2023, live entertainment is back, and perhaps so is the Internal Revenue Service (“IRS”). The Inflation Reduction Act, signed into law on August 16, 2022, authorizes $80 billion in funding for the IRS over the...more

Foley & Lardner LLP

Common Diligence Issues for Startup and Emerging Technology Companies

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As an emerging or startup technology company seeking funding, your focus is likely on your product - it is the core of your business. That being said, how you protect your technology and set up the company that owns it can be...more

Foley & Lardner LLP

US Department of Labor to Hire 100 New Investigators in the Wage and Hour Division, Signaling Increased Focus on Enforcement

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The U.S. Department of Labor (DOL) recently announced its intention to hire 100 new investigators in its Wage and Hour Division. Currently at is lowest staffing levels in over a decade, the division oversees the enforcement...more

Fox Rothschild LLP

New Jersey Management-Side Lawyers Bemoan Latest Legislative Attacks On The Business Community Over Independent Contractor...

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I have written a few times on the new, very aggressive, enforcement measures that the New Jersey legislature has recently taken on the issue of misclassification. On this troubling note, I just read an article where other...more

Genova Burns LLC

New Jersey Enacts Higher Penalties for Employee Misclassification

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On July 8, 2021, Governor Phil Murphy signed three bills into law that continue to raise the stakes for employers that misclassify employees as independent contractors. With these changes, businesses that operate in New...more

Williams Mullen

[Webinar] Employment Law 2021: Minimizing Risk in a New Enforcement Environment - April 7th, 11:00 am - 11:30 am ET

Williams Mullen on

Join us for a discussion of the following hot topics: - Anticipated push at the federal and state level for expanded civil rights laws, including gender identity and sexual orientation and the enforcement of the new...more

Perkins Coie

California’s Independent Contractor/Employee Determination: New Legislative Changes to the ABC Test

Perkins Coie on

The “ABC test” now used in California to make determinations regarding the validity of independent contractor classifications initially was adopted by the California Supreme Court in Dynamex Operations W. v. Superior Court, 4...more

Genova Burns LLC

NJDOL Report Forecasts Aggressive Enforcement Action On Independent Contractor Misclassification

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The New Jersey Department of Labor and Workforce Development earlier this month released the report of the Governor’s Task Force on Employee Misclassification. The Governor’s Task Force was assembled over one year ago to make...more

Bradley Arant Boult Cummings LLP

Drivers on the Go Say No to Arbitration in Wage Lawsuit - Labor & Employment Newsletter

Arbitration provisions in employment contracts are not unusual. So when GrubHub, a fast-food delivery service, was sued by drivers for violating wage laws it filed a motion to enforce the arbitration clause in its service...more

Pullman & Comley - Labor, Employment and...

The Electrician Is An Independent Contractor; The Uber Driver Isn’t

When I talk to businesspeople about the legal differences between employees and independent contractors, I often offer the electrician who comes to the office to fix a wiring problem as the paradigmatic independent...more

Foley & Lardner LLP

DOL Fires Across the Bow of Businesses Underway With Independent Contractor Manpower

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Employee classification issues have been a recurrent topic of ours, and with all the class action litigation arising from independent contractor and other classifications, we have had no shortage of opportunities to remind...more

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

Misclassification Initiatives Spread As Florida Signs Formal Pact with DOL

On January 13, 2015, the U.S. Department of Labor’s (DOL) Wage and Hour Division and the Florida Department of Revenue’s General Tax Administration (FDOR) entered into a memorandum of understanding (MOU) in which they agreed...more

Dorsey & Whitney LLP

Quirky Question # 238, No Laughing Matter – Company Found Liable for Wrongfully Terminating Independent Contractor’s Agreement

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Question: My company relies on independent contractors, over whom we don’t exert control. They often joke around with each other. I’m not liable for employment discrimination if I terminate one of them after they...more

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