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Independent Contractors Arbitration Agreements Corporate Counsel

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 -
Sheppard Mullin Richter & Hampton LLP

Major Changes to AAA Employment Arbitration Rules: What Employers and Litigants Need to Know

Effective May 1, 2025, the American Arbitration Association (“AAA”) implemented significant revisions to AAA Employment/Workplace Arbitration Rules and Mediation Procedures. According to the AAA, these revisions aim to...more

Jackson Lewis P.C.

Winds of Change at NLRB: Employer Guide for Upcoming Trump Administration

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Employers can expect a definite shift in the National Labor Relations Board under the new Trump Administration. Following President Joe Biden’s 2020 election, labor and employment law practitioners saw sweeping legal...more

Bradley Arant Boult Cummings LLP

Not Interstate? You Must Arbitrate – Third Circuit Rules Uber Drivers Don’t Meet FAA Exception

Can you require your workers to arbitrate claims? What if they work in interstate commerce? Recently several courts have addressed the scope of the Federal Arbitration Act (FAA) and when it applies to arbitration agreements...more

Troutman Pepper Locke

Arbitration Clauses May Not Work in All States if Not Well Drafted: March 2022 IC Legal News Update

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A decision by a federal court in New Jersey last month is a reminder to companies that arbitration clauses need to be drafted well in order to succeed. New Jersey courts for many years have been perhaps the most finicky in...more

Jackson Lewis P.C.

Top Five Labor Law Developments for February 2022

Jackson Lewis P.C. on

1. The National Labor Relations Board (NLRB) General Counsel directed NLRB regions to seek preemptive injunctions for alleged unlawful threats during union campaigns. NLRB General Counsel Jennifer Abruzzo issued a memorandum...more

Fisher Phillips

The Top 17 Workplace Law Stories from February 2022

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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 Top 16 Workplace Law Stories from December 2021

Fisher Phillips on

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

Seyfarth Shaw LLP

Ninth Circuit Rules Uber Drivers Must Arbitrate Classification Claims Because They Are Not Interstate Transportation Workers

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Federal Arbitration Act (“FAA”) exempts workers engaged in interstate commerce from enforcement of mandatory arbitration agreements. Uber drivers (and other drivers working in the gig economy) have...more

Troutman Pepper Locke

Last Mile Independent Contractor Drivers Not Exempt From Arbitration: June 2021 News Update

Troutman Pepper Locke on

June was a relatively slow month in the area of independent contractor misclassification and compliance. But it produced what may turn out to be one of the more important judicial decisions in years affecting last-mile...more

Fisher Phillips

January 2021: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

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

December 2020: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

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

Troutman Pepper Locke

Forget Those Amazon Decisions: Companies Using Independent Contractors to Transport Or Deliver Products Can Still Compel...

Troutman Pepper Locke on

Two recent federal appellate court decisions struck down Amazon’s arbitration clause in its agreements with workers who deliver its packages to Amazon customers. Those two rulings have created great concern for businesses in...more

Fisher Phillips

Battle Lines Drawn: Another Appeals Court Rules That Drivers Can Escape Arbitration, Furthering National Split For Gig Economy...

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Gig economy companies received bad news yesterday when yet another federal appeals court ruled that delivery drivers – even independent contractors – can escape otherwise valid arbitration agreements. This is now the third...more

Fisher Phillips

July 2020: The Top 17 Labor And Employment Law Stories

Fisher Phillips on

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

MoFo Employment Law Commentary (ELC)

Employment Law Trends To Watch In 2020

Last year, jurisdictions across the nation issued new laws and regulations further complicating compliance issues for employers, particularly for multi-state employers. Some of the most significant developments related to new...more

Troutman Pepper Locke

January 2020 Independent Contractor Misclassification and Compliance Law News Update 

Troutman Pepper Locke on

While selected states are in the midst of trying to crack down on independent contractor misclassification, the federal government is trying to clear a path and clarify the tests for independent contractor status under...more

FordHarrison

2019 Recap: New York Leads the Nation in Expanding Work Harassment Protections

FordHarrison on

New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any...more

Allen Matkins

2020 Labor & Employment Law Update for California Employers

Allen Matkins on

As 2019 draws to a close, it is time to take a close look at some of the most important new laws that have been passed which will affect California employers in 2020 and beyond. As always, employers should review their...more

Epstein Becker & Green

Annual California Employment Law Update: New Laws for 2020 Expand Worker Rights and Limit Independent Contractor Status

Epstein Becker & Green on

This year, Governor Gavin Newsom signed numerous employment-related bills that landed on his desk. Among the major changes that will affect employers with California operations in the coming year are the following...more

Constangy, Brooks, Smith & Prophete, LLP

It's Time For California Employers To Get Their Check-Ups

Are you ready for these new laws that take effect January 1? Recently, Gov. Gavin Newsom (D) signed several measures into law providing for new rights and protections for California employees. The following provisions take...more

Fisher Phillips

California Employers Should Monitor These 10 Critical Bills as the Legislative Year Comes to a Close

Fisher Phillips on

As the 2019 legislative year is about to come to a close, there are a number of critical labor and employment proposals still making their way to Governor Newsom’s desk. With just four short weeks remaining for the...more

Troutman Pepper Locke

April and May 2019 Independent Contractor Misclassification and Compliance News Update

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The past two months were two of the busiest ever in terms of judicial decisions involving claims of independent contractor misclassification, administrative and regulatory initiatives, and legislative developments. They are...more

Fisher Phillips

March 2019: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

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

Recent SCOTUS Case Swift-ly Comes Home To Roost For Transportation Company

Fisher Phillips on

The $100 million settlement announced Monday by a transportation company to resolve a long-running misclassification claim might be the direct result of a January Supreme Court decision, and might be a troubling harbinger of...more

Troutman Pepper Locke

A Tale of Two $100-Million Dollar Independent Contractor Misclassification Settlements

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Yesterday, the first $100-million dollar settlement of an independent contractor misclassification case suddenly became a $20-million dollar deal, but on the same day a new nine-figure settlement took its place....more

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