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Independent Contractors Franchisee Employees

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 -
Seyfarth Shaw LLP

The Massachusetts Supreme Judicial Court Upholds 7-Eleven Franchise System in Denying Franchisees’ Challenge to Their Independent...

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On September 5, 2024, the Massachusetts Supreme Judicial Court (“SJC”) answered a second certified question in Patel, et al. v. 7-Eleven, Inc., et al. (“Patel II”), a long-running case where 7-Eleven franchisees claimed they...more

K&L Gates LLP

More Than Just Loopholes: Significant Changes Proposed Under the Federal Government's Third Tranche of Labour Law Reforms

K&L Gates LLP on

The Federal Government recently introduced the latest in a series of workplace reforms into Federal Parliament. The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (the Bill), proposes further amendments to the...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Rules that Independent Contractor Test Applies to Franchisees

Foley Hoag LLP on

On March 24, 2022, the Massachusetts Supreme Judicial Court (SJC) ruled in Patel v. 7-Eleven that the test for independent contractor status set forth in the Massachusetts independent contractor statute applies to the...more

Littler

Canada: Time for Submissions Soon Expiring in Ontario under Changing Workplace Review

Littler on

As previously reported, the Special Advisors to the Government of Ontario, Canada released their interim report on July 27, 2016 on ways in which the Ontario Labour Relations Act (“LRA”) and Ontario Employment Standards Act,...more

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