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Independent Contractors Employee Definition Employee 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 -
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

Tucker Arensberg, P.C.

Considerations When Switching Independent Contactors to Employees

Tucker Arensberg, P.C. on

Federal and state governments are engaging in heightened scrutiny of employer-independent contractor relationships. There is a concern that many workers have been misclassified as independent contractors (“IC”) when they are...more

Arnall Golden Gregory LLP

March 2024 Employment Updates: New DOL Independent Contractor Rule Goes Into Effect, While NLRB Joint Employer Rule Vacated at the...

On March 11, 2024, after many months of anticipation, the Department of Labor’s (“DOL”) final rule on independent contractor status went into effect. Meanwhile, on March 8, 2024, a revised joint employer rule announced by the...more

Hinshaw & Culbertson - Employment Law...

The "Gig" is Up: DOL Proposes Rule That Would Classify More Independent Contractors as Employees

The U.S. Department of Labor (DOL) has proposed a rule that would make it more difficult for companies to treat workers as independent contractors. The proposed rule would return to a "totality-of-the-circumstances" analysis...more

Adams & Reese

DOL Unveils Updated Independent Contractor Rule

Adams & Reese on

On Tuesday, October 11, the Department of Labor (DOL) issued new guidelines for categorizing independent contractors and employees per the Fair Labor Standards Act. The proposed rule is an overhaul of the existing guidelines...more

McAfee & Taft

Defining contractors

McAfee & Taft on

For employers, the use of independent contractors to assist in business operations is an important option. Contractors typically provide flexibility and cost savings as they don’t receive overtime pay or employee...more

CDF Labor Law LLP

A Creative Compromise to Address Worker Flexibility and Basic Workplace Protection: The Bipartisan Worker Flexibility and Choice...

CDF Labor Law LLP on

Thanks to powerful lobbying, last week the House of Representatives introduced a new bipartisan bill, the Worker Flexibility and Choice Act (the “Act”). This bill provides for a new classification of workers in between...more

Bricker Graydon LLP

Independent contractor or employee? Be sure you know from the start.

Bricker Graydon LLP on

The law treats employees and independent contractors differently. Independent contractors are usually exempt from labor and employment legislation, such as minimum wage and overtime pay and retirement contributions, while...more

Morgan, Brown & Joy, LLP

SJC Strikes Down Two Initiative Petitions Proposing Laws Classifying Covered App-Based Drivers as Independent Contractors

The Massachusetts Supreme Judicial Court (the “SJC”) recently ruled that two initiative petitions seeking to define and regulate the relationship between network companies and app-based drivers are not suitable for placement...more

Akin Gump Strauss Hauer & Feld LLP

The Drive to Co-Equal Stakeholder: The Evolving Relationship Between Employees and Their Work and Implications for Employers

A massive shift is underway in the relationship between workers and companies. Fueled in recent years by the COVID-19 pandemic and tight job market, the changes reflect not just evolving sensibilities of how employers treat...more

Fisher Phillips

Massachusetts High Court Hears Argument on Gig Driver Ballot Question

Fisher Phillips on

As we wrote back in January, Massachusetts is in the midst of a multi-fora battle over whether gig drivers (those using app-based platforms such as Uber, Lyft, DoorDash, and Instacart) should be treated as employees or...more

Fisher Phillips

In Big Win For Gig Companies, California Voters Approve Proposition 22

Fisher Phillips on

In one of the most closely watched (and most expensive) fronts in the ongoing battle over employment classification of gig workers, California voters appear to have approved Proposition 22, a ballot measure that confirms the...more

Williams Mullen

PODCAST: Williams Mullen's Benefits Companion - New Virginia Laws Impacting Worker Classification

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On the latest episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by David Burton, partner with Williams Mullen’s Labor, Employment and Immigration Section, to discuss some very important changes to...more

Fisher Phillips

Uber CEO Calls For Third Worker Classification

Fisher Phillips on

In an op-ed appearing in yesterday’s N.Y. Times, Uber CEO Dara Khosrowshahi echoes what we have been saying on this blog for quite some time – that it is time for federal and state lawmakers to tear down the existing...more

Mintz Edge

An Employee or an Independent Contractor?

Mintz Edge on

The distinction between employees and independent contractors is often overlooked by emerging companies. However, the significance of this distinction in New York State cannot be overstated. As discussed further below, a...more

Seyfarth Shaw LLP

New Guidance Tightens COVID-19 Restrictions on Massachusetts Employers, and the Massachusetts Attorney General Revises Guidance on...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On April 7, 2020, the Massachusetts Executive Office of Housing and Economic Development (“EOHED”) issued its updated COVID-19 Essential Services FAQs, providing more details on what is and what is not...more

Seyfarth Shaw LLP

The Future of Work: An Update on Happenings on The Hill

Seyfarth Shaw LLP on

Synopsis: As the 2020 presidential election approaches, both Congress and the presidential candidates are taking notice of future of work issues.  A newly formed Congressional caucus aims to address future of work issues with...more

Stoel Rives - World of Employment

Goodbye 2019, Hello 2020

As 2019 comes to an end, employers should know about important new obligations that will ring in their new year. Our Labor & Employment experts offer some guidance on critical developments in Oregon, Washington, California,...more

Fisher Phillips

As Congress Ponders the “Future of Work,” it Faces Divergent Interests Within the Gig Economy

Fisher Phillips on

As we reported just a few weeks ago, Congress has begun to gather information and consider the “future of work,” with considerable emphasis on the role of the gig economy. Although this emergency economy is growing rapidly,...more

Fisher Phillips

California Voters May Get Chance To Overturn ABC Test For Gig Drivers

Fisher Phillips on

When California’s AB 5 was signed into law last month, a chorus of voices decried the fact that it could radically change the gig economy as we know it. Many contended that the average app-based driver enjoyed being an...more

Fisher Phillips

Congress Debates What “Future Of Work” Could Mean For Gig Economy

Fisher Phillips on

Lawmakers have begun to hold a series of hearings to discuss the “future of work,” and it may be no surprise that the two political parties have differing ideas about how that should impact the gig economy. The House...more

FordHarrison

New Jersey Is About to Take Another Step Towards Eliminating the Use of Independent Contractors by Providing Them with Benefits

FordHarrison on

The New Jersey Legislature appears poised to pass S67, the Portable Benefits Act for Independent Contractors, in the upcoming lame-duck session. If passed, the Governor is expected to sign the bill before the end of the year....more

Best Best & Krieger LLP

Do Not Apply AB 5 Too Broadly

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Perhaps the biggest news coming out of California’s Legislature this year was the passage of Assembly Bill 5 – the new law that codifies the 2018 Dynamex case and which imposes a new test for determining employee or...more

Epstein Becker & Green

NJ Department of Labor Adopts Regulations on Suspension and Revocation of Employer Licenses

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Continuing New Jersey’s efforts to eliminate and to hold employers accountable for employee misclassification, the state’s Department of Labor and Workforce Development (NJDOL) recently adopted Regulations implementing a 2010...more

Littler

Shock and Awe! California Employers Face Onslaught of New Regulations

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With the usual flurry of activity at the end of the legislative session, California has enacted a slew of bills with labor and employment ramifications....more

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