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Ballard Spahr LLP

No Small Thing: Mini-Warn Act Comes to Washington State

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Washington is the latest state to enact a “mini-WARN” Act that will require employers with 50 or more full-time employees to provide at least 60 days’ notice to the state as well as any union or employees affected by a...more

Tucker Arensberg, P.C.

Considerations When Switching Independent Contactors to Employees

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Federal and state governments are engaging in heightened scrutiny of employer-independent contractor relationships. There is a concern that many workers have been misclassified as independent contractors (“IC”) when they are...more

Bradley Arant Boult Cummings LLP

Don’t Overlook These 5 Benefits Issues Facing Higher Education Institutions

All employers are faced with challenges and compliance risks associated with providing benefits to their employees. However, these risks and challenges can vary greatly by industry. Employers (and their advisors) who...more

McAfee & Taft

Defining contractors

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For employers, the use of independent contractors to assist in business operations is an important option. Contractors typically provide flexibility and cost savings as they don’t receive overtime pay or employee...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

Bricker Graydon LLP

Independent contractor or employee? Be sure you know from the start.

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The law treats employees and independent contractors differently. Independent contractors are usually exempt from labor and employment legislation, such as minimum wage and overtime pay and retirement contributions, while...more

Morgan, Brown & Joy, LLP

SJC Strikes Down Two Initiative Petitions Proposing Laws Classifying Covered App-Based Drivers as Independent Contractors

The Massachusetts Supreme Judicial Court (the “SJC”) recently ruled that two initiative petitions seeking to define and regulate the relationship between network companies and app-based drivers are not suitable for placement...more

Akin Gump Strauss Hauer & Feld LLP

The Drive to Co-Equal Stakeholder: The Evolving Relationship Between Employees and Their Work and Implications for Employers

A massive shift is underway in the relationship between workers and companies. Fueled in recent years by the COVID-19 pandemic and tight job market, the changes reflect not just evolving sensibilities of how employers treat...more

Fisher Phillips

Massachusetts High Court Hears Argument on Gig Driver Ballot Question

Fisher Phillips on

As we wrote back in January, Massachusetts is in the midst of a multi-fora battle over whether gig drivers (those using app-based platforms such as Uber, Lyft, DoorDash, and Instacart) should be treated as employees or...more

Skadden, Arps, Slate, Meagher & Flom LLP

Early Changes for Employers and Employees

A series of employment-related actions in President Biden’s first 100 days in office signal the likelihood of additional actions and legislative proposals. Employers should expect a decidedly pro-worker tilt....more

Fisher Phillips

In Big Win For Gig Companies, California Voters Approve Proposition 22

Fisher Phillips on

In one of the most closely watched (and most expensive) fronts in the ongoing battle over employment classification of gig workers, California voters appear to have approved Proposition 22, a ballot measure that confirms the...more

Williams Mullen

PODCAST: Williams Mullen's Benefits Companion - New Virginia Laws Impacting Worker Classification

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On the latest episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by David Burton, partner with Williams Mullen’s Labor, Employment and Immigration Section, to discuss some very important changes to...more

Mintz Edge

An Employee or an Independent Contractor?

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The distinction between employees and independent contractors is often overlooked by emerging companies. However, the significance of this distinction in New York State cannot be overstated. As discussed further below, a...more

Seyfarth Shaw LLP

New Guidance Tightens COVID-19 Restrictions on Massachusetts Employers, and the Massachusetts Attorney General Revises Guidance on...

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Seyfarth Synopsis: On April 7, 2020, the Massachusetts Executive Office of Housing and Economic Development (“EOHED”) issued its updated COVID-19 Essential Services FAQs, providing more details on what is and what is not...more

Fisher Phillips

Web Exclusive: Start Planning For 2020 Now By Revisiting Your Policies And Plans

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With the new year quickly approaching, it is important to re-examine the policies and plans that govern employee compensation, benefits, and responsibilities. These documents can be the difference between a successful year...more

Fisher Phillips

As Congress Ponders the “Future of Work,” it Faces Divergent Interests Within the Gig Economy

Fisher Phillips on

As we reported just a few weeks ago, Congress has begun to gather information and consider the “future of work,” with considerable emphasis on the role of the gig economy. Although this emergency economy is growing rapidly,...more

Fisher Phillips

Congress Debates What “Future Of Work” Could Mean For Gig Economy

Fisher Phillips on

Lawmakers have begun to hold a series of hearings to discuss the “future of work,” and it may be no surprise that the two political parties have differing ideas about how that should impact the gig economy. The House...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

Best Best & Krieger LLP

Do Not Apply AB 5 Too Broadly

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Perhaps the biggest news coming out of California’s Legislature this year was the passage of Assembly Bill 5 – the new law that codifies the 2018 Dynamex case and which imposes a new test for determining employee or...more

Epstein Becker & Green

NJ Department of Labor Adopts Regulations on Suspension and Revocation of Employer Licenses

Epstein Becker & Green on

Continuing New Jersey’s efforts to eliminate and to hold employers accountable for employee misclassification, the state’s Department of Labor and Workforce Development (NJDOL) recently adopted Regulations implementing a 2010...more

Snell & Wilmer

A New Law Passed Raising the Standard for Classifying Workers as Independent Contractors in California

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Since April 30, 2018, when the landmark California Supreme Court decision in Dynamex Operations West, Inc. v. Sup. Ct. (2018) 4 Cal.5th 903 (Dynamex) was issued, companies across the state have questioned whether the ABC...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The ABC Test May Soon Be Law in California: What Employers Need to Know

On September 11, 2019, the California Assembly passed a bill codifying last year’s Supreme Court of California decision establishing a new test to determine whether a worker is an independent contractor or an employee. The...more

Chartwell Law

Determining Whether a Worker is an Employee or Independent Contractor and Entitled to Workers’ Compensation Benefits

Chartwell Law on

The proliferation of the gig economy has created a renewed interest in the distinction between employees and independent contractors. In Massachusetts, the Workers’ Compensation Act defines an employee as, “every person in...more

Hogan Lovells

Employment Alert: April 2018

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On-call duty performed by an employee in the place of residence combined with the obligation to be present quickly at the workplace upon an employer's request should be treated as "working time" – European Court of Justice...more

Eversheds Sutherland (US) LLP

Insurance Agents as Employees? Court Breaks Independent Contractor Precedent

On August 1, 2017, the US District Court for the Northern District of Ohio held that insurance agents working under independent contractor agreements with an insurer were employees for purposes of pursuing pension and other...more

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