News & Analysis as of

Independent Contractors Constitutional Challenges New Legislation

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 -
Littler

Policy Week in Review – May 2025 #3

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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

FordHarrison

Driving in Reverse? Uber/Lyft Drivers Seek to Undo California's Proposition 22

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Note to Readers: In this two part-series, we will discuss major developments in California’s gig economy landscape this week. Part 1 discusses a lawsuit filed by Uber and Lyft drivers challenging the constitutionality of Prop...more

Epstein Becker & Green

Federal Judge Denies Ride Share and Delivery Companies’ Request for Preliminary Injunction to Enjoin Enforcement of California’s...

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As we recently wrote here, Uber and Postmates (and two of their drivers) to file an eleventh-hour lawsuit seeking to enjoin the enforcement of California’s controversial new independent contractor law – known as AB 5 –...more

Proskauer - California Employment Law

Uber and Postmates File Lawsuit Challenging California’s New Independent Contractor Law (AB-5)

On Monday, Uber, Postmates and two of their drivers filed a lawsuit in federal court in the Central District of California, seeking declaratory and injunctive relief and a determination that AB-5 is unconstitutional. AB-5 is...more

Fisher Phillips

December 2018: The Top 15 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

Web Exclusive: January 2018: The Top 18 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 were an unprecedented number of changes each month in 2017—and if January is any...more

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