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Independent Contractors Compensation & Benefits

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 -
Ius Laboris

New Rules in Mexico to Calculate Digital Platform Pay

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Mexico’s new regulations on digital platform work have now been in force for over a month. The legislation extends certain rights to digital platform workers based on their monthly net income. New rules have recently been...more

Phelps Dunbar

Alabama Enacts Law that Establishes Portable Benefits for Independent Contractors

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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

Fisher Phillips

Alabama Launches First-in-the-Nation Tax-Friendly Portable Benefits for Independent Contractors and Gig Workers

Fisher Phillips on

Alabama will soon become the first state in the country to offer a tax-advantaged way for businesses to contribute to benefits for independent contractors as a form of compensation without altering their IC status. Under a...more

Troutman Pepper Locke

Republican-Backed Congressional Proposal in Congress Seeks to Allow Companies to Offer Benefits to Independent Contractors: April...

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Last month, the most significant legal development in the area of independent contractor (IC) compliance and misclassification was on Capitol Hill. Bill Cassidy of Louisiana, a Senate Republican who chairs the Senate Health,...more

Polsinelli

New York State’s Fashion Workers Act Effective Summer 2025

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Governor Hochul signed legislation titled the “New York State Fashion Workers Act” (the “Act”), which has a widespread impact on the modeling industry as it relates to compensation, contractual restrictions, and other...more

Holland & Knight LLP

Amendment to the Federal Labor Law Related to Digital Platforms in Mexico

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An amendment to the Federal Labor Law (LFT) regarding digital platforms in Mexico was published on Dec. 24, 2024 in the Official Gazette of the Federation (Diario Oficial de la Federación or DOF). It regulates all activities...more

Perkins Coie

California Supreme Court Upholds Proposition 22

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The California Supreme Court issued its decision in Castellanos v. State (Castellanos) on July 25, 2024, ruling Proposition 22 (Prop 22), the initiative that allows businesses to classify drivers for app-based transportation...more

CDF Labor Law LLP

California Supreme Court Upholds Proposition 22: What It Means for Gig Economy Workers and Companies

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Last week, on July 25, 2024, the California Supreme Court in Castellanos v. State of California unanimously upheld Proposition 22, the 2020 ballot measure that allows gig economy businesses like Uber and Lyft to legally...more

Littler

California Supreme Court Upholds Proposition 22

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After years of litigation, the California Supreme Court upheld Proposition 22, a voter-approved law allowing app-based drivers to work as independent contractors. The Court rejected a challenge by a group of labor unions,...more

Epstein Becker & Green

Freelance Isn’t Free Act Soon Takes Effect Throughout New York State

For employers doing business in New York, the “Freelance Isn’t Free” Act (the “Act”) signed into law by Governor Kathy Hochul in March of this year may have stirred up memories of the New York City ordinance enacted just a...more

Fox Rothschild LLP

Independent Contractors And Workers’ Compensation Coverage—Never The Twain Shall Meet?

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I read an interesting article by Richard Reibstein of Locke Lord on a thorny issue that I have encountered numerous times. That is whether an employer can cover individuals it deems “independent contractors” under its...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Littler

More Changes to Minnesota’s Employment Laws are Imminent

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In recent years, Minnesota has enacted sweeping legislation impacting Minnesota employers at a break-neck pace.  As the most recent legislative session came to a close, another set of new and supplemental laws was passed and...more

Jackson Lewis P.C.

Minnesota’s Latest Legislative Session Update

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Minnesota’s legislature was busy providing new rules and obligations for employers. In addition to the changes in the Minnesota Human Rights Act (MHRA), Earned Sick and Safe Time (ESST), Paid Family and Medical Leave, and pay...more

Greenbaum, Rowe, Smith & Davis LLP

NJ Supreme Court Holds That NJ Wage Payment Law is Inapplicable to Real Estate Salesperson Who Has Independent Contractor...

On May 13, 2024, the New Jersey Supreme Court issued its decision in a class action lawsuit known as James Kennedy, II v. Weichert Co., conclusively finding that for the purpose of determining whether a real estate...more

Fox Rothschild LLP

Cautionary Tale: Bakery Products Distributors Plausibly Deemed Employees Under Vermont Employment Practices Act

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A recent court case issued by a federal district court in Vermont (Provencher v. Bimbo Bakeries U.S.) emphasizes the distinction between independent contractors and employees under the Vermont Employment Practices Act (the...more

Littler

New York Enacts Sweeping Changes to Independent Contractor Arrangements

Littler on

The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not...more

Amundsen Davis LLC

Employee or Independent Contractor? U.S. Department of Labor Changes the Standard

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On January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule on the standard for determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule is set to...more

Fox Rothschild LLP

Employee or Independent Contractor? DOL Announces Final Rule on How to Classify Staff

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The U.S. Department of Labor (DOL) has announced a final rule regarding the classification of workers as employees versus independent contractors under the Fair Labor Standards Act (FLSA). The final rule, which is effective...more

Cole Schotz

Big News For NJ Employers – NJ AG Files First Complaint Under the Enhanced State Labor and Benefits Laws

Cole Schotz on

On December 11, 2023, the New Jersey Attorney General’s Office filed its first lawsuit under the State’s enhanced labor laws permitting it to commence actions against employers in Superior Court for misclassifying workers as...more

Gould + Ratner LLP

Illinois Employers Will Face Expansive New Obligations in 2024

Gould + Ratner LLP on

On August 30, 2023, the DOL announced a notice of proposed rulemaking that would increase the salary basis threshold under the Fair Labor Standards Act (FLSA) for “white collar” exemptions (executive, administrative and...more

McCarter & English, LLP

NLRB Establishes New Joint Employer Rule

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The National Labor Relations Act (NLRA) governs private sector labor/management relations in the United States. Under the NLRA, employers have certain responsibilities and restrictions with regard to their employees,...more

Fox Rothschild LLP

NLRB Wants Employers to be Responsible for Contract, Franchise Workers

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In the latest of a string of decisions seemingly supporting President Biden’s claim of being the most pro-union president in history, the National Labor Relations Board (NLRB) this week issued its Final Rule on the Standard...more

Stradling Yocca Carlson & Rauth

Top 5 Employment Law Mistakes For Start Ups to Avoid

Congratulations on your new business! While you have many things on your mind, it is important to remember that you are subject to California employment laws. As you likely already know, these laws are some of the most...more

Morgan Lewis - ML Benefits

Separate State Filing Required for Form 1099-NEC

For the 2020 tax year, the Internal Revenue Service (IRS) moved reporting of certain nonemployee compensation, including current and deferred compensation paid to independent contractors and corporate directors, from Form...more

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