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Independent Contractors Employer Liability Issues Drivers

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 -
Marshall Dennehey

Federal Court Shields Lyft from Liability in Driver Altercation, Citing Independent Contractor Status

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Hollins v. Lyft, Inc., 2025 WL 915412 (N.D. Ga. Mar. 12, 2025) - The United States District Court for the Northern District of Georgia granted summary judgment in favor of Lyft in a personal injury claim stemming from an...more

Skadden, Arps, Slate, Meagher & Flom LLP

French Labor News - April 2020

This is the first issue of our monthly newsletter detailing recent important legislative developments, case law and events regarding labor law in France. This edition focuses on recent decisions rendered by French courts,...more

Epstein Becker & Green

Court to Consider Whether California Ride Share Drivers Who Make Airport Runs Are Exempt from the Federal Arbitration Act

Epstein Becker & Green on

On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more

Ballard Spahr LLP

NJ DOL Bills Uber $650M for Misclassified Drivers

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The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

Fisher Phillips

Truckers Seek To Toss California’s New Gig Economy Law

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We’re now just a few weeks away from the nation’s most stringent independent contractor misclassification law taking effect in California. But if a group of truck drivers have their way, the law will stall out before it ever...more

Bradley Arant Boult Cummings LLP

But We Tried to Do It Right! Stand-Alone Misclassification of Independent Contractor May Not Be a Violation

Recently, the National Labor Relations Board (NLRB) issued another pro-employer decision, resolving an issue at the forefront of employment law, independent contractor classification. In Velox Express, Inc. and Jeannie Edge,...more

Proskauer - Labor Relations Update

NLRB Office of the General Counsel Advises that Uber Drivers Are Not Statutory “Employees”

In an Advice Memorandum dated April 16, 2019, but released on May 14, 2019, the NLRB’s General Counsel staked out a position in one of the most contentious and influential questions in labor and employment law today: Whether...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Third Circuit Rules That FAAAA Does Not Preempt New Jersey’s ABC Test for Determining Independent Contractor Status

On January 29, 2019, the Third Circuit Court of Appeals concluded that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt New Jersey’s ABC test for determining whether a worker is an...more

UB Greensfelder LLP

The NLRB Returns to a Business-Friendly Independent-Contractor Test

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Last week’s National Labor Relations Board (“NLRB”) ruling is good news for businesses that currently use or plan to use contract labor as part of their workforce. The Board returned to its traditional test for determining...more

Sheppard Mullin Richter & Hampton LLP

National Labor Relations Board Issues Decision Overruling Obama-Era Independent Contractor Test: What This Means For (Putative)...

In a business-friendly decision issued on January 25, 2019, the National Labor Relations Board (“NLRB” or “Board”) revised its test for determining whether putative independent contractors are exempt from coverage under the...more

Payne & Fears

Key California Employment Law Cases: October 2018

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This month’s key employment law cases address the test for independent contractor status, the legality of an incentive compensation system, and personal liability for wage and hour violations....more

Dorsey & Whitney LLP

California Changes the Gig Economy Game For Independent Contractor Status

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The California Supreme Court issued a ruling yesterday that will affect workers and businesses in the Golden State’s “Gig Economy.” The decision changes the standard to determine whether workers are classified as independent...more

Fisher Phillips

Bed Time! Uber Announces Mandatory Rest Periods

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In a move met with near-universal praise, Uber recently announced it will now require drivers take at least six hours of time off for every 12 hours they spend driving. After announcing this decision last month, Uber rolled...more

Fisher Phillips

Is This Your New Roadmap To Misclassification Success? Maybe.

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This is a big deal The 2nd Circuit Court of Appeals came down in favor of a sharing economy business in a misclassification case yesterday, ruling that a group of black-car drivers were independent contractors and not...more

Troutman Pepper Locke

Black Car Drivers in New York City Held Independent Contractors By Federal Court of Appeals

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While Uber has dominated the headlines when it comes to whether drivers on their on-demand, ride-sharing platforms are independent contractors or employees, similar battles are being waged elsewhere in the car service...more

Troutman Pepper

June 2015 Independent Contractor Compliance and Misclassification News Update

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The month of June 2015 created more newspaper stories and blog posts on the subject of independent contractor misclassification than any other. Why? Uber lost an IC misclassification case and FedEx Ground agreed to pay $228...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Issues Two Significant Opinions for Employers

In April 2015, the Supreme Judicial Court of Massachusetts issued two important decisions providing guidance for employers on the scope of Massachusetts’s wage and hour laws. In one decision, the Court held that employers may...more

BakerHostetler

Two California Juries to Decide Whether Uber and Lyft Drivers Are Employees or Contractors

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The core business models of both Uber and Lyft have just been turned over to two separate California juries. These groups of randomly selected citizens will determine whether the drivers for both companies have been properly...more

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