News & Analysis as of

Independent Contractors

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 -
Phelps Dunbar

Alabama Enacts Law that Establishes Portable Benefits for Independent Contractors

Phelps Dunbar on

In April, the Alabama Legislature passed the Portable Benefits Act, to be codified at Ala. Code § 25-1-70. This Act is intended to help independent contractors, including gig workers, who do not have employer-sponsored health...more

Marshall Dennehey

Federal Court Shields Lyft from Liability in Driver Altercation, Citing Independent Contractor Status

Marshall Dennehey on

Hollins v. Lyft, Inc., 2025 WL 915412 (N.D. Ga. Mar. 12, 2025) - The United States District Court for the Northern District of Georgia granted summary judgment in favor of Lyft in a personal injury claim stemming from an...more

Constangy, Brooks, Smith & Prophete, LLP

Fourth Circuit’s Steadfast ruling clarifies independent contractor status

The majority of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has upheld a finding that a medical staffing agency misclassified approximately 1,100 nurses as independent contractors and owed them...more

Littler

Policy Week in Review – July 2025 #3

Littler on

NLRB Acting General Cowen Issues Guidance on Union Salts  - In a memorandum dated July 24, 2025, National Labor Relations Board (NLRB) Acting General Counsel William Cowen issued guidance to all regional directors,...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Use of Noncompetes Indicates Employment Instead of Contractor Relationship

In recent years, state courts have questioned whether independent contractors can be placed under enforceable post-engagement noncompetition agreements. ...more

Roetzel & Andress

Trucking Companies Face Growing Wage & Hour Class Action Risks

Roetzel & Andress on

Are you a trucking company? If so, you may be exposed to class action lawsuits for minimum wage, break time, and overtime violations. Trucking companies are essential to our national economy and security. However, trucking...more

Jackson Lewis P.C.

NYC Council Passes Bills Expanding Minimum Pay Protections to App-Based Grocery Delivery Workers

Jackson Lewis P.C. on

The New York City Council has passed a several bills that would extend pay and other protections to many more app-based delivery workers and entitle them to a minimum pay-rate of $21.44 per hour. In December 2023, New York...more

Katten Muchin Rosenman LLP

New York Passes Law to Protect Models On and Off the Runway - The Katten Kattwalk | Issue 29

New York is one of the largest epicenters of artistic expression, housing top fashion brands and modeling agencies alike. From striking a pose to walking down a runway, modeling has been a steady profession for many New...more

Morgan Lewis

Need for Action: Employment of Freelance Teachers

Morgan Lewis on

On June 28, 2022, the Federal Social Court (BSG) ruled on the employment of a music teacher (case reference: B 12 R 3/20 R). The teacher was deployed as a "freelance" teacher at a music school in Herrenberg and received a fee...more

FordHarrison

How the One Big Beautiful Bill Act May Impact Employers

FordHarrison on

On July 4, 2025, President Trump signed into law a bill entitled “An Act to provide for reconciliation pursuant to title II of H. Con. Res. 14,” generally referred to as the One Big Beautiful Bill Act (the OBBBA). The OBBBA...more

Genova Burns LLC

July 2025 Labor and Employment Law Update

Genova Burns LLC on

Although developments at the federal level are getting most of the headlines, New Jersey employers should continue to monitor legislative developments coming out of Trenton since most federal law changes are not usurping or...more

Husch Blackwell LLP

Minnesota Employment Law: 2025 Legislative Session Update

Husch Blackwell LLP on

The Minnesota Legislative 2025 Session and one-day Special Session 2025 ended last month with the passage of an omnibus bill that contained several provisions changing the employment law landscape for employers with employees...more

Blake, Cassels & Graydon LLP

Employment Law Considerations for Founders in Emerging Companies

Founders of early-stage companies contribute time and effort well before any formal corporate structure is in place. As a startup matures, it becomes increasingly important to formalize the relationship between the founder...more

Kohrman Jackson & Krantz LLP

Part Two: One Big Beautiful Bill Act – Impact on Employers and Employees

Signed into law on July 4, 2025, the One Big Beautiful Bill Act (OBBBA) introduces several changes affecting workplace tax treatment and employee benefits....more

Snell & Wilmer

Colorado’s HB25-1001 Makes Additional Changes to the State’s Wage and Hour Laws

Snell & Wilmer on

This client alert, the third in our series on Colorado employment law changes from the 2025 Colorado Legislative Session, analyzes other significant legislative changes. Our previous alerts addressed new liability for owners...more

Jenner & Block

Client Alert: Florida’s New Employer-Friendly Noncompete Law Signals That It’s Open for Business

Jenner & Block on

While many states recently have enacted laws making it harder for employers to enforce noncompetes, Florida is bucking the trend by enacting some of the strongest noncompete protections in the country. The newly enacted...more

Troutman Pepper Locke

Home Improvement and Legal Services Industries Under Attack for Independent Contractor Misclassification Claims: June 2025 IC...

Troutman Pepper Locke on

Last month, there were only a couple of legal developments in the area of independent contractor (IC) compliance and misclassification, but they were significant because two more industries — home improvement and legal...more

Littler

Policy Week in Review – July 2025 - Congressional and Administrative News

Littler on

Senate Republicans Introduce Legislation to Empower Independent Workers - Earlier this week, Senators Bill Cassidy, (R-LA), chair of the Senate Health, Education, Labor and Pensions (HELP) Committee, and Senators Rand Paul...more

Seyfarth Shaw LLP

Florida Becomes Most Employer-Friendly State for Non-Competes

Seyfarth Shaw LLP on

As jurisdictions around the country continue to impose limitations—or outright bans—on restrictive covenants, Florida is taking a decidedly different approach....more

Phelps Dunbar

Florida's CHOICE Act Transforms Noncompete and Garden Leave Agreements

Phelps Dunbar on

Florida’s Contracts Honoring Opportunity Investment Confidentiality and Economic Growth (CHOICE) Act took effect July 1. It brings the most sweeping changes to Florida’s restrictive covenant framework in years....more

Littler

Tax Bill Changes 1099 Reporting Thresholds

Littler on

The “One Big Beautiful Bill Act” signed into law on July 4, 2025, makes two important changes to tax reporting requirements that should be of interest to employers....more

Morgan Lewis

US Department of Labor Rolls Back Biden-Era FLSA Practices

Morgan Lewis on

The US Department of Labor has recently rolled back two critical Biden-era wage and hour practices. First, the DOL has stated that it will no longer enforce the 2024 Final Rule’s framework for determining employee or...more

FordHarrison

EntertainHR: Advice from Anora: Classify Correctly!

FordHarrison on

I have said it many times – summer is for movies! Blockbusters, indies, and comedies (or whatever films you enjoy) just make a summer night better. Summer is also halfway to the film industry’s most illustrious awards show,...more

Littler

Florida’s CHOICE Act Offers Employers Two New Types of Agreements to Prevent Unfair Competition by Highly Compensated Former...

Littler on

On June 18, 2025, the Florida legislature presented Governor Ron DeSantis with the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act. It is expected that Governor DeSantis...more

Conn Kavanaugh

It’s Confirmed: Massachusetts Noncompetition Agreement Act Excludes Non-Solicitation Agreements

Conn Kavanaugh on

On June 13, 2025, the Massachusetts Supreme Judicial Court (SJC) issued a significant decision in Miele v. Foundation Medicine, Inc. (SJC-13697) confirming that the Massachusetts Noncompetition Agreement Act (the “MNAA”) does...more

4,726 Results
 / 
View per page
Page: of 190

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide