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Independent Contractors Employee Definition Employment Contract

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 -
Fox Rothschild LLP

NJ DOL Issues Proposed Rules on ABC Test for Independent Contractors

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The New Jersey Department of Labor and Workforce Development (DOL) announced proposed regulations that purportedly clarify the so-called “ABC test” for determining whether workers should be classified as employees or...more

BCLP

HK Court Rules That Gig Delivery Driver Was Not an Employee

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With the continued prevalence of the “gig economy”, a common question that arises is whether “gig workers” are employees or independent contractors of the digital platform. ...more

Goodwin

UK General Election: Key Employment-Related Manifesto Pledges

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With the upcoming UK General Election, many employers are carefully considering changes each party may implement and the corresponding impact on their businesses. Employment law and workers’ rights are a key focus in each of...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights, Issue 1, April 2024

Welcome to our first SuperVision e-newsletter of 2024. Although we are only four months into 2024, it has already been an incredibly active year on the labor and employment front. On Wednesday, the Federal Trade Commission...more

CDF Labor Law LLP

Written Contract Will Be Required For Many Independent Contractors And Freelance Workers In Los Angeles Starting July 1, 2023

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A new city ordinance in Los Angeles will take effect on July 1, 2023, which requires a written contract for many independent contractors and freelance workers who work in the city. This ordinance, known as the Freelance...more

CDF Labor Law LLP

Unpublished California Opinion Did Not Authorize Arbitration Over Threshold Issue of Independent Contractor or Employee in a PAGA...

CDF Labor Law LLP on

A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action.  Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent...more

Jones Day

Contract Is King: High Court of Australia Provides Clarity on 'Employee vs Contractor' Test

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On 9 February 2022, the Australian High Court heard two appeals together—Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 ("Personnel") and ZG Operations Australia...more

Morgan Lewis

UK Employment Status Development: Foster Carers Are Classed As Employees

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After a recent decision by the UK Employment Appeal Tribunal, councils and similar institutions across the United Kingdom may want to reassess the terms of their agreements with individuals providing services, and...more

Epstein Becker & Green

DoorDash Isn’t the Only Company That Has Been Ordered to Conduct More Than 5,000 Individual Arbitrations – Postmates Has Been, Too

Recently, we wrote here about a federal court order requiring DoorDash to conduct more than 5,000 individual arbitrations under the terms of its mandatory arbitration agreements, with each arbitration to address claims that...more

Littler

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

Littler on

Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more

Partridge Snow & Hahn LLP

Engaging Independent Contractors in the Gig Economy: 3 Things for Employers to Know

With more and more individuals taking on the so-called “side hustle” of driving for Uber or even entirely leaving the traditional 9 to 5 work life and opting to make the “gig economy” work as their full time occupation,...more

Benesch

InterConnect FLASH! No 76 - Federal Court Temporarily Enjoins Enforcement of AB5 Against California Motor Carriers

Benesch on

Champagne bottles popped earlier than expected on New Year’s Eve when Judge Roger T. Benitez of the United States District Court for the Southern District of California granted a temporary restraining order prohibiting the...more

Vedder Price

2020 California Employment Law Roundup

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As 2019 draws to a close, employers in California have a busy new year ahead of them with expanded legal obligations, including significant new legislation regarding independent contractor status and mandatory arbitration...more

Fisher Phillips

Rewriting California’s Independent Contractor Rules: A Business Survival Guide

Fisher Phillips on

With his signature on AB 5 on September 18, 2019, California Governor Gavin Newsom has completed the year-long overhaul of the state’s independent contractor test. What was once governed by a balancing test that provided...more

Jackson Lewis P.C.

[Webinar] Employees vs. Independent Contractors: Argentina, Brazil, Canada, Chile, Mexico & U.S.A - June 25th, 11:00 am ET and...

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In this webinar, attorneys will be focusing on understanding the distinction between contractors and employees. This will include the re-characterization of a contractor into an employee as well as from an employee into an...more

BCLP

Recharacterization of the Relationship Between a Delivery Driver and a Digital Platform as an Employment Agreement

BCLP on

In a judgment dated 28 November 2018, the French Supreme Court (Cour de Cassation) ruled for the first time on the characterization of the agreement between a delivery driver and a digital platform. The French Supreme Court...more

BCLP

Recharacterization of the relationship between a delivery driver and a digital platform as an employment agreement : a real risk...

BCLP on

In a judgment dated 28 November 2018, the French Supreme Court (Cour de Cassation) ruled for the first time on the characterization of the agreement between a deliverer and a digital platform. The French Supreme Court granted...more

K&L Gates LLP

Working Wise: Tips for Avoiding Independent Contractor Misclassification

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In this episode, Joshua Rinschler discusses misclassification of employees as independent contractors and provides tips to employers for avoiding misclassification....more

Fisher Phillips

New ABC Test For Independent Contractors Sends California Employers Reeling

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The “ABC test” recently adopted by the California Supreme Court in the Dynamex Operations West, Inc. v. Superior Court case is now touted as the best way to make the distinction between an “exploited employee” and an...more

White and Williams LLP

Massachusetts Supreme Judicial Court Clarifies Test for Determining Who is an “Employee” for Purposes of Workers' Compensation...

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The Massachusetts Supreme Judicial Court (SJC) held yesterday in Camargo’s Case that a worker’s eligibility for workers' compensation benefits is contingent upon the worker proving that he/she is an “employee” under the...more

Troutman Pepper Locke

Uber and IC Misclassification in New York: The Other Shoe May Be Dropping

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The New York Times today reported that the New York State Department of Labor has found two Uber drivers as eligible for unemployment benefits after having rejected the company’s argument that the drivers are independent...more

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