News & Analysis as of

Employer Liability Issues Pending Legislation Independent Contractors

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

New York State Senate Bill S1514 Raises Specter of Stop-Work Orders for Employee Misclassification

On March 4, 2025, the New York State Senate passed S1514, which would empower the commissioner of labor to issue stop-work orders against employers that misclassify employees as independent contractors or provide false,...more

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

British Columbia Statute on Minimum Employment Standards for App-based Gig Workers Receives Royal Assent, But Relevant Provisions...

Littler on

On November 30, 2023, Bill 48 – 2023: Labour Statutes Amendment Act, 2023 (Bill 48), received Royal Assent from the Government of British Columbia (BC).  Bill 48 is a statute pertaining to minimum employment standards for...more

Troutman Pepper Locke

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

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

Littler

New York State Legislature Seeks to Expand Employee Rights to Freelancers Statewide

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During the final days of its most recent legislative session, the New York State Legislature passed a bill (S8369B) that would mandate contractual forms and terms for businesses that use “freelance workers.”  Building on New...more

Stikeman Elliott LLP

More Ontario Updates: Bill 88 Receives Royal Assent, Minimum Wage to Increase October 1, 2022

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On April 11, 2022, the Ontario government’s Bill 88, the Working for Workers Act, 2022 (“Bill 88”), received royal assent. Earlier this year, we wrote about Bill 88 on this blog, when it was still at second reading. In...more

Roetzel & Andress

Expansive Labor Relations Legislation Passes House

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On March 9, 2021, the Protecting the Right to Organize (PRO) Act, a bill that would provide significant protections for workers seeking to organize and bargain, cleared the House of Representatives on a 225-206 vote. Five...more

Fisher Phillips

The California Legislature Is Back in Town! Which Pending Bills (and Executive Orders) Will Impact The Workplace?

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After returning from its hiatus on May 4, the California legislature has wasted no time in drafting a flurry of new bills which will affect employers in the aftermath of the state’s response to COVID-19. While the state...more

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

New Jersey Resumes Efforts to Amend ABC Test for Independent Contractor Status, Passes Slate of Laws Targeting Misclassification

The State of New Jersey kicked off this year the same way it closed out the last - with an assault on New Jersey businesses. After a year of unprecedented change - one which saw the passage of significant amendments to New...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

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

Fisher Phillips

Web Exclusive - September 2019: The Top 11 Labor And Employment Law Stories

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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

Fisher Phillips

The Guide to Pending Employment Bills

Fisher Phillips on

It’s been a long legislative year. And this being Governor Newsom’s first term in office, many observers have been anxiously awaiting to see what approach he takes when it comes to labor and employment legislation. Now all of...more

Sheppard Mullin Richter & Hampton LLP

It’s Official: Newsom Expands The Definition of “Employee” Under California Law

On September 18 2019, Governor Gavin Newsom signed into law AB-5, which codified the California Supreme Court’s Dynamex v. Superior Court decision. In Dynamex, the California Supreme Court adopted the so-called “ABC” test to...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 Locke

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

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

How Much Will AB 5 Really Change California Law?

The answer is not as much as you may think. Much of the recent media coverage of California’s Assembly Bill 5 (AB 5) suggests that the bill represents a sea change in California law with respect to the classification of...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

Littler

New York City Amends Human Rights Law to Extend Protections to Freelancers and Independent Contractors

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In recent years both New York State and New York City have actively amended their anti-discrimination laws to expand worker protections.  For example, both the state and city have passed laws requiring most employers to...more

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