News & Analysis as of

Independent Contractors Employer Liability Issues Vicarious Liability

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 -
Morgan Lewis

New Restatement Rule Expands Vicarious Liability for Employee Sexual Misconduct

Morgan Lewis on

The American Law Institute approved a controversial new provision of the Restatement of Torts, Third expanding vicarious liability to employers for certain sexual assaults committed by employees against third parties who are...more

Amundsen Davis LLC

7th Circuit Again Upholds Preemption of Negligent Hiring Claims Against a Freight Broker

Amundsen Davis LLC on

The Seventh Circuit Court of Appeals recently issued another important ruling for brokers, upholding that a claim for negligent hiring against a freight broker was preempted by the Federal Aviation Administration...more

Rodemer Kane Attorneys at Law

Work-Related Car Accidents: Who Is Responsible?

When it comes to workplace-related incidents, the question of liability can often be complex and nuanced. One common scenario involves damage to an employee's car while parked in the employer's parking lot. This article...more

Littler

Ninth Circuit Withdraws Opinion Regarding Retroactivity of Dynamex v. Superior Court, Will Certify the Question to the California...

Littler on

Employers in the Golden State are well aware that last year in Dynamex v. Superior Court the California Supreme Court adopted the ABC test for determining whether workers are employees or independent contractors. ...more

Littler

Franchising and California at a Crossroads: the Dynamics of Dynamex and the ABC Test

Littler on

In 2018, the Supreme Court of California turned much of the established law regarding worker classification on its head with its decision in Dynamex Operations West Inc. v. Superior Court....more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - January 2019

This edition of Employment Flash looks at developments in labor and employment law, including with respect to restrictive covenants; new state anti-harassment laws; minimum wage increases; age bias claims; and the employee...more

Parker Poe Adams & Bernstein LLP

N.C. Appeals Court Rejects Worker's Claim of Liability Against Trump Campaign

In a highly publicized incident during the 2016 presidential election, a Trump campaign staff worker claimed that the North Carolina campaign director threatened him with a pistol on the way to a campaign event. The worker...more

Benesch

InterConnect FLASH! No. 63 - Employee v. IC: Dual Role of Agent and Small Fleet Owner

Benesch on

The ‘Agent Model’ is commonly used by motor carriers operating with independent contractors (“ICs”) to increase capacity in various markets. The model allows the motor carrier to align certain increased costs; e.g., sales,...more

Snell & Wilmer

Drafting Franchise Agreements After Patterson v. Domino’s : Avoiding the Minefield of Vicarious Liability and Joint Employment

Snell & Wilmer on

Lauded as one of the most important franchise cases in the recent past, Patterson v. Domino’s established a new standard for addressing vicarious liability issues in California. In reaching its decision that Domino’s was not...more

Snell & Wilmer

Arizona Court Clarifies Premise Liability

Snell & Wilmer on

In a recent Arizona Court of Appeals case, the court clarified the rules for liability of a property owner to a person injured on the premises. In Lee v. M & H Enterprises, Inc. and Wal-Mart Stores, Inc. (filed April 21,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2014

In This Issue: - SEC Pays First Whistleblower Award to Audit and Compliance Professional - Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption - EEOC Adopts New Pregnancy...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

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide