News & Analysis as of

Independent Contractors Employer Liability Issues Staffing Agencies

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 -
Jackson Lewis P.C.

When ‘Independent Contractors’ Are Actually Employees: Lessons from the $9.3M Steadfast Medical Staffing Judgment

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The U.S. Court of Appeals for the Fourth Circuit recently affirmed a $9.3 million judgment against a medical staffing agency in a Department of Labor (DOL) Fair Labor Standards Act (FLSA) enforcement action alleging nurses...more

Polsinelli

Misclassification Concerns in Staffing Relationships

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Employers utilizing staffing agencies should be on high alert given the Department of Labor’s (“DOL”) recent investigations targeting these arrangements. Specifically, the DOL has been actively investigating businesses that...more

Perkins Coie

NY Court Strikes Down Significant Portions of DOL’s Final Rule Defining Joint Employment Scenarios Under FLSA

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The U.S. Department of Labor’s (DOL) Final Rule revising the joint employer regulations under the federal Fair Labor Standards Act (FLSA) took effect on March 16, 2020, (Final Rule). On September 8, 2020, the Hon. Gregory H....more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - February 2020 #3

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NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more

Genova Burns LLC

All Bark, Even Bigger Bite: New Jersey's New Worker Misclassification Protections

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On January 20, 2020, Governor Murphy signed into law a series of legislative packages aimed at combating worker misclassification and exploitation. These bills will bolster an already-aggressive state department of labor that...more

Dorsey & Whitney LLP

What do Employer’s Need to Know Following the Passage of California’s New Law on Independent Contractor Misclassification?

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On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, which clarifies when workers should be considered “employees” under the California Labor Code and the California Unemployment Insurance Code,...more

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

A Dozen Major Employment Law Bills Wind Through the California Legislature

The California State Senate and Assembly have been busy this year, moving a number of employment law bills through the legislative process. May 31, 2019, was the deadline for either the assembly or the senate to pass a bill...more

Jackson Walker

New Fifth Circuit Decision Upholds Independent Contractor Status for Directional Driller Consultants Under the Fair Labor...

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Claim by Directional Drillers for Overtime Pay. The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield professionals...more

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

California Court of Appeal Finds That In-Home Caregivers May Be Employees of Placement Agencies

In Duffey v. Tender Heart Home Care Agency, LLC, the California Court of Appeal for the First District addressed whether an in-home caregiver was an independent contractor or employee. Reversing a trial court order dismissing...more

Fisher Phillips

Temporary Staffing Does the Gig Thing

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When you think of the gig economy, many of us think of Uber, Task Rabbit, or some other gig shrouded in an entrepreneurial-type aspiration. You think of a person setting their own hours, working for themselves, maybe...more

Fisher Phillips

March Misclassification Madness: Misclassification Updates in the Gig Economy

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Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more

Davis Wright Tremaine LLP

Our Nominees for the Top 20 California Employment Law Risks

New laws pop up in California on a regular basis, as summarized by our What’s New for 2018 advisory. Meanwhile, California employers must also be mindful of the laws already on the books, many of which pose traps for the...more

Porter Hedges LLP

Employment Alert: "Joint Employer and Independent Contractor Classifications"

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On Wednesday, June 7, 2017, the U.S. Department of Labor (“DOL”) withdrew two administrator interpretations published during the Obama Administration that had significantly narrowed the definition of independent contractor...more

Ballard Spahr LLP

U.S. Secretary of Labor Withdraws Informal Guidance on Joint Employment and Independent Contractors

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The U.S. Department of Labor (DOL) has withdrawn its 2015 and 2016 controversial informal guidance on joint employment and independent contractors. Those two guidance letters, issued during the Obama administration, greatly...more

Troutman Pepper Locke

September 2016 Independent Contractor Misclassification and Compliance News Update

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The past month’s judicial and administrative activity in the area of IC misclassification reflects the wide range of industries facing these types of claims: communications; cleaning services; transportation and delivery...more

Troutman Pepper Locke

June 2016 Independent Contractor Misclassification and Compliance News Update

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The poster children of IC misclassification cases dominated the news in June: Uber, Lyft, GrubHub, FedEx, an exotic dance club, and a trucking transport company. It was not a good month for any of them, yet as we have...more

Foley & Lardner LLP

It’s Not Just the DOL That Thinks You May Have More Employees

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Just last week, the DOL provided guidance about people treated as independent contractors, but who may really be your employees. That is just part of the trend. Another way you may have “extra” employees is through joint...more

Smith Anderson

To Be or Not To Be (an Employer)

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Presented by J. Travis Hockaday and Megan P. Black Regulators from a wide variety of government agencies continue to scrutinize relationships between businesses and the people and entities that provide services to them in...more

Constangy, Brooks, Smith & Prophete, LLP

15 For ’15: Employment And Labor Resolutions For The New Year

While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. ”Independent contractors” are under...more

Troutman Pepper

December 2014 Independent Contractor Compliance and Misclassification Update

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SUPPLIER OF INSTALLATION SERVICES FOR LARGE SATELLITE TV COMPANY CANNOT DISMISS IC MISCLASSIFICATION CLAIM BY INSTALLER. A federal district court in Mississippi last month denied cross-motions for summary judgment in an FLSA...more

BakerHostetler

New California Law Imposes Joint Liability on Businesses and Contract Vendors for Wage Violations and Workers’ Compensation...

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For companies using independent contractors in California, 2014 has been a difficult year, with several significant court decisions threatening the contractor model. In June, the Ninth Circuit rejected the parties’ choice of...more

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

California Legislation 2014

California Governor Jerry Brown has signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On September 10, 2014,...more

Davis Wright Tremaine LLP

NLRB Will Charge McDonald’s as “Joint Employer” For Franchisee Labor Violations

In a move with far-reaching ramifications for all businesses that license their brands to independent contractors including franchisees, the National Labor Relations Board (“NLRB”) announced on July 29, 2014 that it has...more

Parker Poe Adams & Bernstein LLP

NLRB Lawyers Declare Franchisor to be Joint Employer

Last week, the National Labor Relations Board’s general counsel announced its position that McDonald’s Corporation can be considered a joint employer with its franchisees for purposes of unfair labor practice claims. This...more

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