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 -
Stoel Rives - World of Employment

DOL Signals Business Friendly Independent Contractor Standard: What Employers Need to Know

The U.S. Department of Labor (DOL) recently stated that it will not enforce an employee-friendly independent contractor rule implemented by the Biden administration in 2024 (“Biden Rule”). The Biden Rule made it more...more

Fisher Phillips

Brazil’s Supreme Court Suspends All Cases Discussing Contractor Reclassification: What Businesses Need to Know

Fisher Phillips on

Brazil’s Federal Supreme Court recently suspended all pending lawsuits alleging that contractors should be reclassified to employees. The suspension, which was issued last month, covers both contractors who are engaged...more

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

Department of Labor Announces Expansion of Interpretation Letters Initiative

On June 2, 2025, Deputy Secretary of Labor Keith Sonderling announced a renewed and expanded commitment by the U.S. Department of Labor (DOL) to the issuance of interpretation letters—commonly referred to as opinion letters...more

Jackson Lewis P.C.

PR Supreme Court’s Rejection of Agency Deference Gives Employers New Tools

Jackson Lewis P.C. on

The Puerto Rico Supreme Court has issued a landmark decision limiting the deference that Puerto Rico courts owe to administrative agencies’ legal conclusions. The ruling recalibrates the balance of power between courts and...more

Steptoe & Johnson PLLC

Understanding the Impact on Employers of West Virginia’s Formal Recognition of Negligent Supervision Claims

In a recent important decision, the Supreme Court of Appeals of West Virginia formally recognized that a third party can sue an employer for negligent supervision of an employee, even if the employee’s intentional or reckless...more

Bennett Jones LLP

Not So Dependable? BC Court Says Employers May Not Expect Dependent Contractors to Get Less Reasonable Notice than Employees

Bennett Jones LLP on

In the recent decision of Ursic v Country Lumber Ltd., 2025 BCSC 970 (Country Lumber), the Supreme Court of British Columbia held that there is no presumption that dependent contractors ought to receive less reasonable notice...more

Marshall Dennehey

Florida Court Holds Uber is Not Vicariously Liable for Driver’s Negligence in Fatal Accident

Marshall Dennehey on

Campo v. Uber Technologies, Inc., 2025 WL 15388 (Fla. 3d DCA 2025) - Florida’s Third District Court of Appeals affirmed summary judgment for Uber Technologies, Inc. and affiliated defendants (collectively Uber), holding Uber...more

Kelley Drye & Warren LLP

AAA Issues New Rules Broadening the Powers of Arbitrators and Scope of Arbitration

The American Arbitration Association (AAA) announced new rules that went into effect May 1, 2025. The new rules revise both their consumer arbitration and employment arbitration sets. The purpose of the rule change was to...more

Akerman LLP - Health Law Rx

Florida Chooses to Exclude Health Care Practitioners from New Noncompete Law

The Florida Legislature recently passed a bill, called the CHOICE Act, that augments Florida’s laws governing restrictive covenants to make it significantly easier for employers to enforce two new types of noncompete...more

Saiber LLC

New Jersey Legislature Introduces New Bill to Ban Non-Competes

Saiber LLC on

On May 19, 2025, the New Jersey Legislature proposed a bill (S 4385) that would ban and retroactively eliminate all non-compete agreements, with a few limited exceptions. ...more

Littler

DOL Reinstates Virtual Marketplace Platform Opinion Letter Signaling Return to Relaxed Independent Contractor Test and Acceptance...

Littler on

In recent months, the Department of Labor (DOL) has seen an overhaul of its agency leadership. First, President Trump appointed Secretary of Labor Lori Chavez-DeRemer and Deputy Secretary Keith Sonderling, and more recently,...more

Bradley Arant Boult Cummings LLP

Alabama Legislature Wraps Up Productive Session on Business Tax Bills

The Alabama Legislature adjourned sine die near midnight on May 14, 2025, with the final legislative meeting day bogged down with filibusters by certain senators. Fortunately, a spate of tax bills had already passed both the...more

Seyfarth Shaw LLP

New Jersey Eyes Regulatory Changes to Strengthen its Statutory ABC Test and Prevent Employee Misclassification

Seyfarth Shaw LLP on

On April 3, 2025, the New Jersey Department of Labor and Workforce Development (“DOL”) filed proposed new rules codifying its interpretation of the statutory ABC test to determine whether an individual is considered an...more

Gordon Rees Scully Mansukhani

Construction Law Update - First Quarter 2025

GRSM’s Construction Group is pleased to publish the latest issue of our Construction Law Update, a quarterly take on trends of interest to design professionals, contractors, and developers throughout the country....more

Jackson Lewis P.C.

Florida’s CHOICE Act Offers Employers Unprecedented Tools for Non-Compete + Garden Leave Agreements

Jackson Lewis P.C. on

The Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act on April 24, introducing the most sweeping changes to Florida’s restrictive covenant...more

Harris Beach Murtha PLLC

DOL Pauses Enforcement of 2024 Rule on Independent Contractor Classifications

In February 2024, we reported the U.S. Department of Labor (DOL) issued a Final Rule revising the DOL’s guidance on how to analyze who is an employee or independent contractor for purposes of minimum wage and overtime pay...more

Littler

Policy Week in Review – May 2025 #3

Littler on

Supreme Court Allows Trump Firing of NLRB Member Wilcox - Late Thursday, the Supreme Court issued an order that essentially extends a previous order issued by Chief Justice John Roberts in April that barred National Labor...more

Genova Burns LLC

Independent Contractor Relationships Under Renewed Scrutiny by NJDOL

Genova Burns LLC on

On May 5, 2025, the New Jersey Department of Labor and Workforce Development opened a 60-day comment period on a proposed regulation that would make it harder for independent contractors to contract their services as...more

McAfee & Taft

Gavel to Gavel: It just got easier to classify workers as independent contractors

McAfee & Taft on

Surging changes to workplace laws understandably have employers suffering from whiplash. Historically, employment laws have shifted when presidential administrations have changed. A May 1 announcement by the U.S. Department...more

Littler

New Jersey’s Declaration of No Independence? Agency Issues Proposed Regulations on the ABC Test

Littler on

On April 28, 2025, the New Jersey Department of Labor and Workforce Development (NJDOL) issued a press release announcing the publication of proposed regulations interpreting the “ABC test” used to determine whether workers...more

Saiber LLC

NJ DOL Proposes New Rules Clarifying the ABC Test for Independent Contractors

Saiber LLC on

The New Jersey Department of Labor and Workforce Development (NJDOL) recently issued proposed regulations aimed at clarifying how employers should apply the “ABC test” to determine whether a worker is properly classified as...more

Whiteford

Employment Law Update: U.S. Department of Labor Resurrects Guidance Classifying Workers as Independent Contractors

Whiteford on

The U.S. Department of Labor’s Wage and Hour Division (“DOL”) under the Trump administration has doubled down on its commitment to the traditional economic-realities analysis for determining whether workers are employees or...more

Fox Rothschild LLP

When Work Becomes a Family Affair

Fox Rothschild LLP on

At first, it sounds like a dream: hiring your cousin to help with marketing, bringing your sister on as a partner, or giving your son-in-law a “small stake” in the business. It feels easy, natural, and trust-based. But...more

Amundsen Davis LLC

I Paid for That Software to Be Developed, So Why Don’t I Own It?

Amundsen Davis LLC on

You may believe that your company has an unfettered right to do what it wants with a computer program created by its workers—but that may not be the case. Consider the two similar scenarios below: Suppose that your...more

Morgan Lewis

Florida’s New CHOICE Act Authorizes Garden Leave, Makes 4-Year Noncompete Agreements Easier to Enforce

Morgan Lewis on

The Florida House and Senate recently passed the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act by an overwhelming majority. The CHOICE Act will substantially reshape Florida...more

4,677 Results
 / 
View per page
Page: of 188

"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