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State Labor Laws Independent Contractors Regulatory Agenda

Seyfarth Shaw LLP

Legislative Update: Legislature Hikes the Ball For Signing Kickoff

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Seyfarth Synopsis: The Legislature concluded its 2023-24 session in the wee hours of its August 31, 2024, deadline to pass bills. Now it’s up to Governor Newsom to call the plays as to what employment bills he will sign into...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Troutman Pepper

Talk About Competition! New York City Considers Three Different Noncompete Bans

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Q: Is New York City considering a total ban on noncompete agreements? A: Yes — a total ban on noncompete agreements would be the result of one of the three noncompete bills currently pending in the New York City Council,...more

Troutman Pepper

Wide-Ranging New York Noncompete Law Awaits Governor's Signature

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Summary - On June 20, the New York State Legislature passed a bill prohibiting noncompetes. The bill currently awaits Governor Hochul’s signature. If signed into law, it will take effect just 30 days later, but will only...more

CDF Labor Law LLP

A Creative Compromise to Address Worker Flexibility and Basic Workplace Protection: The Bipartisan Worker Flexibility and Choice...

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Thanks to powerful lobbying, last week the House of Representatives introduced a new bipartisan bill, the Worker Flexibility and Choice Act (the “Act”). This bill provides for a new classification of workers in between...more

Proskauer - Law and the Workplace

New York State Legislature Approves Statutory Protections for Independent Contractors

In 2016, New York City enacted the Freelance Isn’t Free Act, a local law establishing protections for certain freelance workers providing services for entities located in the City. Earlier this month, the New York State...more

FordHarrison

Non-Compete News: The End Of New Jersey Non-Competes as We Know Them?

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Last week, the New Jersey Assembly’s Labor Committee passed bill A3715, designed to sharply limit the available provisions, use, and enforceability of restrictive covenants in employment contracts by New Jersey employers....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

Epstein Becker & Green

Virginia Becomes First Southern State to Ban Race Discrimination Based on Hair Texture, Type, and Styles

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First of Many Anticipated Employment Changes in Virginia, Including Expanded Coverage and Remedies for the Virginia Human Right Act and Minimum Wage Increases....more

FordHarrison

How Parasite’s Unprecedented Oscars Win Is a Reflection of the War Against Misclassification

FordHarrison on

I get it. My last name is Kim. My appearance, as those of you who haven’t met me can tell by my photo, confirms it. It’s obvious I’m Asian-American and particularly of Korean descent. So I get why everyone assumes I’ve seen...more

FordHarrison

Is the Gig Economy on Life Support? New York Proposes Process for Sweeping Changes to Worker Classification

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Proposed New York Legislation - In his 2020 budget proposal, Governor Andrew Cuomo proposed creating a 9-member marketplace worker classification task force to address seismic changes to the way independent contractors and...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

Seyfarth Shaw LLP

New Jersey Independent Contractor Legislation Temporarily Paused

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Seyfarth Synopsis: The New Jersey bill that aims to push gig-economy workers and other independent contractors into the definition of “employees” was briefly paused at the end of the prior legislative session, but is expected...more

Littler

Initiative to Overturn California Independent Contractor Law for App-Based Drivers, Deliverers Advances

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On January 2, 2020, the Attorney General for the State of California released the title and summary of Initiative 19-0026—a proposed ballot measure that would overturn the state’s recently enacted independent contractor law,...more

Littler

California Supreme Court Agrees to Hear Dynamex Retroactivity Question

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On November 20, 2019, the Supreme Court of California announced it would review and decide whether its 2018 Dynamex decision has retroactive effect. The answer to this question could have a profound impact on any company...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

FordHarrison

New Jersey Bill Creating Presumption of Employment for Independent Contractors Could Decimate the State's Gig Economy

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Recently, New Jersey took several steps to severely restrict the use of independent contractors or gig workers in the Garden state. The latest effort is Bill S4204, which creates a presumption of employment status for...more

FordHarrison

New Jersey Is About to Take Another Step Towards Eliminating the Use of Independent Contractors by Providing Them with Benefits

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The New Jersey Legislature appears poised to pass S67, the Portable Benefits Act for Independent Contractors, in the upcoming lame-duck session. If passed, the Governor is expected to sign the bill before the end of the year....more

Seyfarth Shaw LLP

Who Are Independent (Contractors)? Throw Your Hands Up At Me!

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Seyfarth Synopsis: California’s hotly contested and closely followed AB 5 independent contractor bill, which would extend the ABC test beyond Wage Order claims, just passed the California Senate, and now heads back to the...more

Polsinelli

California Bill AB5 Will Rewrite the Rules for Independent Contractors

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On September 10, 2019, the California Senate passed AB5, a sweeping bill to control the use of independent contractors in the nation’s largest state.  With the California Assembly concurring in the Senate’s amendments to the...more

Coblentz Patch Duffy & Bass

California Assembly Bill Five Excepts Certain Categories Of Workers From Independent Contractor Classification Overhaul

Last week, the California Legislature passed Assembly Bill (AB) 5, a new law related to an issue that is critically important to California employers and service providers—whether a worker is classified as an employee or an...more

Troutman Pepper

California Adopts Strict Independent Contractor Test in New Bill

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On September 11, the California Assembly passed AB 5, a bill that codifies and expands the application of the strict independent contractor test (the “ABC test”) set forth in last year’s decision of the California Supreme...more

Skadden, Arps, Slate, Meagher & Flom LLP

California Passes Landmark Bill Restricting Classification of Contract Workers

As of September 11, 2019, the California Senate and Assembly had both passed an employment bill (AB5) that, if signed by Gov. Gavin Newsom, would codify the recent extension of employment protections to workers previously...more

Littler

AB 5 Update: California Legislature Passes Final Bill on September 11, 2019

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This article is an update to prior publications from Littler’s Workplace Policy Institute regarding Assembly Bill 5 (AB 5), passed by the California legislature on September 11, 2019. On September 11, 2019,1 the California...more

FordHarrison

AB 5, Codifying Dynamex and Broadening the ABC Test’s Application, Passes California Legislature

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After months of debate and negotiations, the California State Legislature passed the controversial AB 5 on Wednesday, September 11, 2019, bringing it one step closer to being law. If passed, the new law is expected to impact...more

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