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Independent Contractors Retaliation

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 -
Fox Rothschild LLP

Potential New Rules for Freelance Contracts

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The Freelance Worker Protection Act is a significant new bill currently sitting on Governor Newsom’s desk, awaiting a signature or veto. Also known as SB 988, the bill is designed to safeguard the rights of freelance workers...more

Littler

Littler Lightbulb: August Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Patterson Belknap Webb & Tyler LLP

2023 Amendments to General Obligations Law 5-336

On November 17, 2023, New York State Governor Kathy Hochul signed into law Senate Bill 4516, amending General Obligation Law Section 5-336 (GOL 5-336). As set forth in our earlier alert from when the law was first enacted,...more

Fox Rothschild LLP

New York State’s ‘Freelance Isn’t Free’ Act: What You Need To Know

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Governor Kathy Hochul recently signed into law the “Freelance Isn’t Free” Act (the Act), which aims to provide freelance workers certain protections across the state. New York employers who use freelancers or independent...more

Paul Hastings LLP

New York Amends Law Affecting Settlements of Discrimination, Harassment, and Retaliation Claims

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On November 17, 2023, New York Governor Kathy Hochul signed Bill S4516 into law, which amends the requirements for non-disclosure and non-disparagement provisions in certain settlement agreements. Previously, New York law...more

Lasher Holzapfel Sperry & Ebberson PLLC

Employment Law ALERT – New Seattle Independent Contractor Protections (ICP) Ordinance

For any business who uses independent contractors or has plans to hire an independent contractor who will be performing work in Seattle, an ordinance taking effect on September 1, 2022, impacts what information you must...more

Fisher Phillips

The Top 18 Workplace Law Stories from March 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

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

Bradley Arant Boult Cummings LLP

Plaintiff Gets Second Serve: 2nd Circuit Clarifies Joint Employer Test and Allows Security Guard to Amend Complaint

There has been a lot of discussion over the last few years about the joint employer test for liability under employment statutes. Whether it be Uber drivers in California or the back and forth over the Trump administration’s...more

Fisher Phillips

Top 10 Wage and Hour Trends for 2022 – and What Employers Should Do to Prepare

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We recently provided our predictions for what employers could expect to see in the wage and hour field over the next year as part of our FP Forecast series – but we had too many insights to fit into that edition. So we’ve...more

Amundsen Davis LLC

DOL and NLRB Agree to Share Information and Counsel Employees on Overlapping Enforcement Matters

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On January 6, 2022, the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) released a signed Memorandum of Understanding (MOU) detailing the agencies’ most recent pact to enforce federal labor and...more

Perkins Coie

November Tip of the Month: New York Whistleblower Statute

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On October 28, 2021, New York Governor Kathy Hochul signed into law legislation substantially broadening New York’s whistleblower statute. Specifically, while the statute previously protected only current employees in...more

Locke Lord LLP

Pharmacy Deliveries Remain Target for Independent Contractor Misclassification Claims: October 2021 News Update

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October was a relatively “slow” month for legal developments in the areas of independent contractor misclassification and compliance. But for companies that engage drivers to distribute pharmaceutical products, a nearly $12...more

Morgan Lewis

NY Employers, Get Ready – Vastly Expanded Employee Whistleblower Protections Hit on January 26

Morgan Lewis on

Effective January 26, 2022, revisions to Section 740 of the New York Labor Law will substantially enhance protections for employee whistleblowing in a number of critical ways. BACKGROUND Until now, courts have construed the...more

Cozen O'Connor

California Attorney General Launches Annual Labor Day Report

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California AG Rob Bonta issued an inaugural Labor Day Report highlighting ten key worker protections available in California and the California Department of Justice’s (“DOJ”) efforts to combat illegal employment practices...more

Tonkon Torp LLP

Update On Proposed Oregon Legislation – What Employers Need To Know

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For this second installment in our legislative update series we have a status report on the employment-related bills discussed in our previous alert, as well as a survey of the bills that have since been introduced related to...more

K&L Gates LLP

Oregon Employment Legislation to Keep an Eye on This Year

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As the Oregon 2021 legislative session gets underway, there are several bills that, if passed, would have a significant impact on the employment landscape: lowering burden of proof requirements for employees bringing claims...more

Tonkon Torp LLP

What The 2021 Oregon Legislature Has In Store For Employment Law

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The Oregon Legislature has now begun to meet for the 2021 Regular Session. We want to make you aware of a number of interesting bills which could impact the employment arena. It is too early to know which of these, if any,...more

Jackson Lewis P.C.

Prop 24 (California Privacy Rights Act) Extends CCPA’s Anti-Discrimination/Retaliation Provision To Employees, Applicants, And...

Jackson Lewis P.C. on

During the California Consumer Privacy Act’s (“CCPA”) amendment process prior to enactment, personal information in the employment context was highly contested and has continued to be a point of deliberation even after the...more

Best Best & Krieger LLP

Best in Law: New 2020 Laws for Employers

Partner Joseph Ortiz Discusses Changes in the Southern California Newspaper Group - For California employers, 2020 brings sweeping changes to equalize the workplace. This playbook of new employment laws — aimed at...more

FordHarrison

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

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Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

Holland & Knight LLP

New California Labor and Employment Laws for 2020

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In 2019, California enacted numerous labor and employment laws. Unless otherwise noted, each of the laws listed below is effective on Jan. 1, 2020. This Holland & Knight alert highlights selected and significant new laws, as...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

Payne & Fears

Key California Employment Law Cases: October 2019

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Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239, 253 Cal. Rptr. 3d 798 (2019) - Summary:  Term “regular rate of compensation” for calculating meal or rest break premium payments is not synonymous with term...more

Kramer Levin Naftalis & Frankel LLP

New York City Expands Protections Under the New York City Human Rights Law to Independent Contractors and Freelancers

On Sept. 12, 2019, the New York City Council passed a law, Int. 0136-A, that expands the scope of the New York City Human Rights Law (NYCHRL) to provide protections for freelancers and independent contractors....more

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