News & Analysis as of

Independent Contractors Freelance Workers New Legislation

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 -
Phelps Dunbar

Alabama Enacts Law that Establishes Portable Benefits for Independent Contractors

Phelps Dunbar on

In April, the Alabama Legislature passed the Portable Benefits Act, to be codified at Ala. Code § 25-1-70. This Act is intended to help independent contractors, including gig workers, who do not have employer-sponsored health...more

Best Best & Krieger LLP

2025 California Legal Updates: What You Need to Know – Part Three

In Part Three of the New Laws series from Best Best & Krieger LLP (BBK), new legislation for 2025 focusing on emergency response, local government, construction, workplace safety, road safety and accident prevention includes...more

Saul Ewing LLP

New 2025 California Employment Laws: Part I

Saul Ewing LLP on

Welcome to our blog series about new California employment laws affecting a wide range of businesses and employers. California already presents one of the most difficult legal landscapes for employers, and with several new...more

Ervin Cohen & Jessup LLP

California Expands Protections for Freelance Workers

Effective January 1, 2025, companies using freelance workers must comply with the Freelance Worker Protection Act (“FWPA”). FWPA was signed by Governor Newsom on September 28, 2024 as Senate Bill (“SB”) 988. FWPA passed with...more

BCLP

Key Changes to New York Employment Law in 2024 and What to Expect in 2025

BCLP on

Every new year brings changes to the employment laws applicable to New York State and New York City employers. In this article, we review the key employment laws that went into effect in 2024 and highlight some of the new and...more

Husch Blackwell LLP

Staying Alive in 2025: The New California Labor and Employment Laws

Husch Blackwell LLP on

In 2024, Governor Gavin Newsom signed several bills impacting California employers, which go into effect on January 1, 2025. We discuss the most notable new laws affecting employers below. Increased Minimum Wage - As the...more

BakerHostetler

California’s New Freelancer Law Sets Rules for Retaining Solo Independent Contractors

BakerHostetler on

A new California law requires written contracts when engaging most solo independent contractors. The written contracts must contain certain types of information....more

Buchalter

The Freelance Worker Protection Act

Buchalter on

On September 30, 2024, Governor Gavin Newsom signed SB 988 into law. The new state law, known as the Freelance Worker Protection Act (“FWPA”), goes into effect on January 1, 2025. The FWPA provides various protections to...more

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

California Governor Signs Freelance Worker Protection Act

On September 28, 2024, California Governor Gavin Newsom signed into law Senate Bill (SB) No. 988, the Freelance Worker Protection Act (FWPA). The FWPA provides minimum requirements for agreements between freelance workers and...more

Fisher Phillips

New California Law Expands Protections for Freelance Workers: What Employers Must Know + 5 Steps You Can Take to Comply

Fisher Phillips on

California just enacted a new law further expanding protections for freelance workers. Beginning in 2025, private employers who hire certain independent contractors will be required to provide a written agreement specifying...more

Perkins Coie

September Tip of the Month: New York's “Freelance Isn’t Free” Act: New Compliance Mandates for Independent Contractor Agreements...

Perkins Coie on

Effective August 28, 2024, companies that engage independent contractors in the state of New York must now comply with New York’s “Freelance Isn’t Free” Act (the Act), a statute that imposes a range of new requirements...more

BCLP

Illinois Employment Law Updates: AI Restrictions, New Protected Classes, and More

BCLP on

The Illinois General Assembly and Governor JB Pritzker have been busy in 2024, enacting significant changes to existing statutes like the Illinois Human Rights Act (the “IHRA”), the Personnel Records Review Act (the “PRRA”),...more

Littler

Effective July 1, Minnesota Employers Face Increased Scrutiny and Possible Liability for Using Independent Contractors Versus...

Littler on

Governor Tim Walz has signed into law significant changes to Minnesota’s independent contractor and employment laws.  Effective July 1, all employers, as well as their owners, risk significantly increased penalties for...more

Venable LLP

New York State Freelance Isn't Free Act

Venable LLP on

Vetoed in 2022, subsequently signed into law by Governor Kathy Hochul last year, and rolled out with a delay, New York State's Freelance Isn't Free Act (FIFA) finally goes into effect on August 28, 2024. The legislation is...more

Epstein Becker & Green

New York State Follows New York City in Enacting Freelance Worker Protections

On November 22, 2023, New York Governor Kathy Hochul signed the Freelance Isn’t Free Act (the “State Act”), Senate Bill S5026. This new law (codified as a new Section 191-d of the New York Labor Law) will require written...more

Polsinelli

New York State Enacts Payment Law for Independent Contractors

Polsinelli on

On November 22, 2023, Governor Kathy Hochul of New York State signed into law the “Freelance Isn’t Free Act” (“Act”), which was modeled after a similar law passed in New York City in 2017.  The state law becomes effective on...more

Fox Rothschild LLP

Another State Enacts Legislation To Protect Independent Contractors: A Quickening Trend

Fox Rothschild LLP on

There is a general trend in the country to narrow the scope of who can be an independent contractor and to provide such individuals more “rights” concerning their employment, or engagement. More States are passing laws...more

Littler

Illinois Becomes the First State to Enact Protections for Freelance Workers

Littler on

On August 4, 2023, Governor JB Pritzker signed the Freelance Worker Protection Act (FWPA) (HB1122) into law, establishing strict protections for freelance workers. ...more

Miller & Martin PLLC

Department of Labor Announces Proposed Rule on Employee/Independent Contractor Test

Miller & Martin PLLC on

The U.S. Department of Labor yesterday announced a Proposed Rule on the test to determine whether a worker should be classified as an employee or an independent contractor under the Fair Labor Standards Act.  The DOL will...more

Fisher Phillips

New York Lawmakers Pass a Flurry of Worker Protection Laws

Fisher Phillips on

As the New York State legislative session came to a close, state lawmakers passed a flurry of laws providing protections to workers, ranging from wage protections for freelance workers, prohibitions against absence control...more

FordHarrison

Florida Business Required to Report Independent Contractors Effective October 1

FordHarrison on

Executive Summary: Effective October 1, 2021, Florida businesses will be required to submit new hire information for their independent contractors to the Florida Department of Revenue. This is a significant change for...more

Akerman LLP - HR Defense

Using A Contractor? New Reporting Requirements in Florida

Florida has imposed a substantial new reporting requirement on employers and businesses who utilize independent contractors. Businesses need to be prepared; the new requirement takes effect October 1, 2021....more

Littler

Tightening the Vise: N.J. Further Expands Power to Thwart Employee Misclassification

Littler on

On July 8, 2021, N.J. Governor Phil Murphy signed a package of bills expanding the power of the Department of Labor and Workforce Development (DOLWD) to enforce state wage, benefit and tax laws, and enhancing penalties for...more

Stoel Rives - World of Employment

U.S. Department of Labor Repeals Trump-Era Rule Favoring Independent Contractor Status, as Expected

As expected, the U.S. Department of Labor (DOL) has repealed the Trump-era rule regarding classification of independent contractors.  As we discussed here, the Trump-era rule codified the “economic realities test” for use...more

Littler

West Virginia Enacts Legislation to Clarify Worker Classification

Littler on

Governor Jim Justice recently signed into law Senate Bill 272, the West Virginia Employment Law Workers Classification Act (the “Act”), which goes into effect on June 9, 2021.  The legislation provides standards for...more

83 Results
 / 
View per page
Page: of 4

"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