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Independent Contractors State and Local Government Corporate Counsel

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 -
Perkins Coie

2024 California Labor, Employment, and Independent Contractor Legislative Update

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With the 2024 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within California and highlight relevant action items related to this legislation....more

Faegre Drinker Biddle & Reath LLP

New California Laws for 2022: What Employers Should Know

In 2021, California Gov. Gavin Newsom signed several laws impacting California employers. The new laws — some of which recently became effective and others were signed into law just weeks ago and take effect January 1, 2022 —...more

Epstein Becker & Green

Roadmap to Compliance: Major Employment Laws Effective as of January 2021 and Beyond

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While state legislatures focused much-needed attention on pandemic-related legislation throughout most of 2020, many continued to alter their employment laws in significant ways, or simply had previously passed laws scheduled...more

Littler

New State Employment Laws Set to Take Effect on January 1, 2021

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As employers continue to grapple with the ever-changing legal landscape of COVID-era regulations, 2021 will bring changes to the traditional realm of employment law in dozens of jurisdictions.  Compared to prior years, there...more

Amundsen Davis LLC

Your CA Fast Five – Highlights On Five Major Changes To California’s Employment Laws That You Need To Know Right Now

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While many California employers are challenged on multiple fronts at the moment from the ongoing pandemic and wildfires, they nonetheless need to be mindful of new employment law measures recently signed by Gov. Gavin Newsom....more

Littler

California Imposes New Compliance Obligations on Employers

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The COVID-19 pandemic resulted in the closure of the California Legislature for long stretches of time this year.  The work of the body continued on, however, and at the end of the session it passed the usual flurry of labor...more

Polsinelli

California’s Rush of Covid-19 Legislation

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In the last two weeks, the California Legislature has enacted numerous bills relating to employer obligations in light of COVID-19.  Five of these bills have already been signed into law by Governor Newsom.  The remainder may...more

Seyfarth Shaw LLP

AB 2257: Sweeping Changes To AB 5 Independent Contractor Law

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Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5, a landmark piece of legislation governing their relationships with independent contractors, took effect on...more

Littler

AB 5: The Aftermath of California’s Experiment to Eliminate Independent Contractors Offers a Cautionary Tale for Other States

Littler on

Since its enactment last fall, California’s AB 5—legislation adopting the so-called “ABC test” for purposes of determining whether a worker is an independent contractor or statutory employee—has dominated not only the legal...more

Best Best & Krieger LLP

Doing Business in 2020: California’s New Workplace Legislation

Part 1: New Labor & Employment Laws Impacting California’s Public and Private Entities - California lawmakers passed a range of employment laws last year aimed to extend benefits and workplace protections to more workers and...more

Morgan Lewis

New York Governor Proposes Significant Employment Law Updates in 2021 Budget

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In what has become a trend over the last few years, Governor Cuomo included multiple labor and employment law proposals in the budget that, if approved, would create significant new responsibilities for New York employers,...more

Littler

California Supreme Court Grants Review of Dynamex Retroactivity – Again

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On Wednesday, January 15, 2020, the California Supreme Court agreed to review a second case raising questions as to the scope and retroactivity of its landmark 2018 Dynamex decision....more

FordHarrison

2019 Recap: New York Leads the Nation in Expanding Work Harassment Protections

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New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any...more

Ballard Spahr LLP

NJ DOL Bills Uber $650M for Misclassified Drivers

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The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

FordHarrison

New Jersey Contracting Crisis – The War on Misclassification Rages On

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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

Littler

The ABC Test: California States and Localities Support Plaintiffs’ Appeal, Signal Aggressive Enforcement

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The fight over the scope of the “ABC test” for determining the status of workers under California state law continues unabated.  A series of court filings last week suggests that state and local officials may be gearing up to...more

Littler

Is Foresight 2020? Employers Confront New Laws Taking Effect in the New Year

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As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the...more

Littler

New Jersey Bill Would Bring California-Style ABC Test to the Garden State

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Already a tough place for employers, New Jersey may be about to get even tougher. The Garden State is one of only a handful of states widely using the so-called ABC test, which makes it harder for businesses to classify...more

Littler

Worker Misclassification Questions Dominate California Legal Landscape

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In the wake of California’s enactment of Assembly Bill (AB) 5—legislation that threatens to reclassify 2 million California independent contractors as “employees” under California labor and employment laws—legal questions...more

Littler

Restructuring Operations in the Wake of California AB 5? Don’t Overlook the Tax Implications

Littler on

Businesses with operations in California have begun to identify options and implement strategies for compliance with Assembly Bill (AB) 5, which imposes the ABC test for identifying whether a worker is an independent...more

Seyfarth Shaw LLP

New York’s Latest Expansions to Human Rights Laws Shake Up Employment Landscape

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Seyfarth Synopsis: The New York City Council voted to expand the anti-discrimination and retaliation provisions of the Human Rights Law to freelancers and independent contractors. The bill is awaiting the Mayor’s signature. ...more

Cozen O'Connor

Countdown to 2020: Five Hot Compliance Tips to Keep HR Professionals Out of Hot Water

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It is time to make sure you are ready for 2020 (and beyond). Here are five (5) hot HR compliance issues you should be tracking and implementing: New Salary Thresholds for Exempt Employees under the Fair Labor Standards Act -...more

Littler

California AB 5’s Author and the Governor Attempt to Clarify Law’s Scope

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On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill 5 (AB 5), a bill that will dramatically alter whether, and under what circumstances, businesses may classify workers as independent contractors...more

Seyfarth Shaw LLP

California Senate Passes Hotly Contested AB 5 Independent Contractor Bill

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Background On AB 5 - The California Senate passed a landmark bill, Assembly Bill 5 (“AB 5”), on the evening of September 10, 2019, which could impact businesses’ relationships with independent contractors. AB 5 now goes...more

Littler

Washington State Enacts Comprehensive Noncompete Reform

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On May 8, 2019, Washington Governor Jay Inslee signed Engrossed Substitute House Bill 1450 (HB 1450), radically altering the law governing noncompetition agreements and moonlighting prohibitions in Washington State....more

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