News & Analysis as of

Independent Contractors Employees

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 -
Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Use of Noncompetes Indicates Employment Instead of Contractor Relationship

In recent years, state courts have questioned whether independent contractors can be placed under enforceable post-engagement noncompetition agreements. ...more

Snell & Wilmer

Colorado’s HB25-1001 Makes Additional Changes to the State’s Wage and Hour Laws

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This client alert, the third in our series on Colorado employment law changes from the 2025 Colorado Legislative Session, analyzes other significant legislative changes. Our previous alerts addressed new liability for owners...more

Jenner & Block

Client Alert: Florida’s New Employer-Friendly Noncompete Law Signals That It’s Open for Business

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While many states recently have enacted laws making it harder for employers to enforce noncompetes, Florida is bucking the trend by enacting some of the strongest noncompete protections in the country. The newly enacted...more

Seyfarth Shaw LLP

Florida Becomes Most Employer-Friendly State for Non-Competes

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As jurisdictions around the country continue to impose limitations—or outright bans—on restrictive covenants, Florida is taking a decidedly different approach....more

FordHarrison

EntertainHR: Advice from Anora: Classify Correctly!

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I have said it many times – summer is for movies! Blockbusters, indies, and comedies (or whatever films you enjoy) just make a summer night better. Summer is also halfway to the film industry’s most illustrious awards show,...more

Littler

Florida’s CHOICE Act Offers Employers Two New Types of Agreements to Prevent Unfair Competition by Highly Compensated Former...

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On June 18, 2025, the Florida legislature presented Governor Ron DeSantis with the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act. It is expected that Governor DeSantis...more

Lasher Holzapfel Sperry & Ebberson PLLC

The Rules of Washington Noncompetition Agreements May Change Again

The enforceability of noncompetition agreements is a widely debated topic in and outside of the legal world. In just the last year, it has been a repeat topic on the floor of the Washington state legislature. States across...more

Troutman Pepper Locke

Florida’s CHOICE Act Expected to Expand Employer-Friendly Non-Compete Laws on ‎July 1‎

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Pending expected approval from Gov. Ron DeSantis, Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act is expected to go into effect on July 1, 2025. Once in place, the...more

Bass, Berry & Sims PLC

DOL Announces Enforcement Position on Independent Contractor Rule

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On May 1, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin announcing that the Wage and Hour Division (WHD) will no longer enforce the 2024 independent contractor Final Rule previously established by the...more

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

Fisher Phillips

Brazil’s Supreme Court Suspends All Cases Discussing Contractor Reclassification: What Businesses Need to Know

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Brazil’s Federal Supreme Court recently suspended all pending lawsuits alleging that contractors should be reclassified to employees. The suspension, which was issued last month, covers both contractors who are engaged...more

Steptoe & Johnson PLLC

Understanding the Impact on Employers of West Virginia’s Formal Recognition of Negligent Supervision Claims

In a recent important decision, the Supreme Court of Appeals of West Virginia formally recognized that a third party can sue an employer for negligent supervision of an employee, even if the employee’s intentional or reckless...more

Akerman LLP - Health Law Rx

Florida Chooses to Exclude Health Care Practitioners from New Noncompete Law

The Florida Legislature recently passed a bill, called the CHOICE Act, that augments Florida’s laws governing restrictive covenants to make it significantly easier for employers to enforce two new types of noncompete...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

Seyfarth Shaw LLP

Restrictive Covenant Law For The First Four Months of 2025

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With the FTC Ban on non-competes essentially dead in the Courts of Appeal, various states and agencies have taken up the mantle to further limit or expand the use of restrictive covenants for certain populations in 2025....more

PilieroMazza PLLC

Multijurisdictional Employers, Part 1: Independent Contractors vs. Employees

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For employers managing a workforce across multiple jurisdictions, navigating the complexities of worker classification is essential to ensuring legal compliance and avoiding costly penalties. Whether you are dealing with...more

Miller Nash LLP

Washington State Proposes Full Ban on Non-Competes—Here’s What You Need to Know

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With the Federal Trade Commission’s proposed nationwide ban on noncompetes seemingly dead, states continue to march forward with their own regulation of such agreements. Washington’s current law bans noncompetes for employees...more

Miller Nash LLP

Washington State Proposes Full Ban on Non-Competes

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With the Federal Trade Commission’s proposed nationwide ban on noncompetes seemingly dead, states continue to march forward with their own regulation of such agreements. Washington’s current law bans noncompetes for employees...more

Seyfarth Shaw LLP

Not Fooling Around: Critical New York State Legislative Updates for Employers as April Begins

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During the first quarter of 2025, the New York State legislature and Governor Kathy Hochul have been actively advancing several initiatives that – if passed and signed – will require New York employers to adapt their policies...more

Nelson Mullins Riley & Scarborough LLP

HR Minute: Wyoming Becomes Latest State to Restrict Non-Competes

On March 19, 2025, Wyoming enacted a new law significantly restricting the use of non-compete agreements except in limited circumstances. The new law contains several exceptions, including non-competes tied to the sale of a...more

Troutman Pepper Locke

Utah Legislature Passes Earned Wage Access Services Act

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The Utah Legislature has passed H.B. 279, known as the Earned Wage Access Services Act. Sponsored by Representative A. Cory Maloy (R) and Senator Chris H. Wilson (R), this legislation aims to regulate earned wage access (EWA)...more

Williams Mullen

[Webinar] M&A Series: Pre-Exit Housekeeping for Emerging Companies - March 20th, 11:00 am - 11:15 am EDT

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Please join Williams Mullen attorneys David Lay and Cathy Zhang as they discuss common M&A diligence issues that emerging companies should review before pursuing an exit....more

Kohrman Jackson & Krantz LLP

Ohio Employers May See Non-Competes and Stay-or-Pay Provisions Prohibited with Senate Bill 11

Senator Louis Blessing, III, Republican, and William DeMora, Democrat have introduced Senate Bill 11 which seeks to ban employers from requiring their employees to adhere to non-competes and certain stay or pay provisions. ...more

Epstein Becker & Green

The Buckeye State to End Employer Noncompetes?: Ohio Introduces Bill That Would Ban Employers from Entering into Noncompetes

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Consistent with our previous reporting that states would continue to address noncompete issues even after the apparent end of the FTC Noncompete Rule, Ohio has joined the growing list of jurisdictions seeking to restrict the...more

FordHarrison

EntertainHR: NLRB Love Is Blind Complaint May Radically Alter Reality Television

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As reality television enthusiasts prepare for the Season 8 premiere of Netflix’s Love is Blind this Valentine’s Day, the show’s producers are navigating a recent National Labor Relations Board complaint that could lead to...more

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