Unless you were in the health care industry, July 2025 was a relatively slow month for judicial developments in the law of independent contractor (IC) misclassification and compliance. Only two significant IC cases came to...more
8/13/2025
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The following comments were submitted by Richard J. Reibstein, the publisher of this legal blog, critiquing the proposed regulation of the New Jersey Department of Labor and Industry (the Department) regarding the so-called...more
8/11/2025
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Comment Period ,
Employer Liability Issues ,
Freelance Workers ,
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Independent Contractors ,
Labor Reform ,
Misclassification ,
New Jersey ,
Proposed Regulation ,
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State Labor Laws ,
Statutory Interpretation ,
Wage and Hour
Last month, the most significant legal development in the area of independent contractor (IC) compliance and misclassification was on Capitol Hill. Bill Cassidy of Louisiana, a Senate Republican who chairs the Senate Health,...more
5/12/2025
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Class Action ,
Compensation & Benefits ,
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Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Labor Law Violations ,
Labor Reform ,
Misclassification ,
Proposed Legislation ,
Proposed Regulation ,
Regulatory Agenda ,
State Labor Laws
The U.S. Department of Labor re-issued an Opinion Letter on the issue of independent contractor (IC) status of an on-demand virtual marketplace company (VMC) that refers end-market consumers to service providers who offer...more
5/6/2025
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Biden Administration ,
California ,
Department of Labor (DOL) ,
Employment Litigation ,
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Federal Labor Laws ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
On-Demand Services ,
Online Marketplace ,
Opinion Letter ,
Service Professionals ,
Trump Administration
The New Jersey Department of Labor and Industry (the Department) announced on April 28, 2025, that it was filing a notice of a proposed regulation addressing the test for independent contractor (IC) status under New Jersey...more
5/1/2025
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Freelance Workers ,
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The most significant development last month in the law of independent contractors was not one of the four cases we summarize below but rather a bill passed by the New York Senate. ...more
4/15/2025
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Employment Litigation ,
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Freelance Workers ,
Gig Economy ,
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Few federal regulations over the past five years have produced more needless concern by stakeholders than the independent contractor rules under the federal Fair Labor Standards Act (FLSA) issued by the different...more
2/12/2025
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Department of Labor (DOL) ,
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Equal Employment Opportunity Commission (EEOC) ,
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On June 12, 2024, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued a new Determination Pursuant to Section 1 (a)(ii) of Executive Order 14071 (the “Determination”) that prohibits U.S....more
New York Governor Kathy Hochul signed into law on November 22, 2023 the Freelance Isn’t Free Act bill (S 5026), after the Governor had vetoed the exact same bill (S 8369) the year before. This freelancer law, which was...more
In the waning days of 2022, New York Governor Kathy Hochul vetoed the New York State Freelance Isn’t Free Act bill (S 8369B) that had been awaiting her action for over six months. In early June 2023, the New York legislature...more
Many independent contractors complained of dire consequences when Assembly Bill 5 (“AB5”) became effective in California on January 1, 2020. Following intense lobbying and public relations campaigns, independent contractors...more