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Independent Contractors Labor Regulations 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 -
Ius Laboris

New Rules in Mexico to Calculate Digital Platform Pay

Ius Laboris on

Mexico’s new regulations on digital platform work have now been in force for over a month. The legislation extends certain rights to digital platform workers based on their monthly net income. New rules have recently been...more

Jackson Lewis P.C.

NYC Council Passes Bills Expanding Minimum Pay Protections to App-Based Grocery Delivery Workers

Jackson Lewis P.C. on

The New York City Council has passed a several bills that would extend pay and other protections to many more app-based delivery workers and entitle them to a minimum pay-rate of $21.44 per hour. In December 2023, New York...more

Littler

Nebraska Enacts Marketplace Network Platform Statute

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On March 11, 2025, Nebraska passed a marketplace network platform statute that deems workers who use a marketplace network platform independent contractors under the state unemployment statute if certain conditions are met....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

Perkins Coie

2024 California Labor, Employment, and Independent Contractor Legislative Update

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With the 2024 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within California and highlight relevant action items related to this legislation....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

Sheppard Mullin Richter & Hampton LLP

New York City Employers Must Display Workers’ Bill of Rights Poster Beginning July 1, 2024

On November 2, 2023, the New York City Council passed a bill[1] requiring the New York City Department of Consumer and Worker Protection (“DCWP”), in coordination with the Mayor’s Office of Immigrant Affairs (“MOIA”), the New...more

Perkins Coie

Washington State Tightens Noncompete Restrictions

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Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...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

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

Perkins Coie

Seattle’s New Independent Contractor Protections

Perkins Coie on

Seattle’s new Independent Contractor Protections Ordinance (the Ordinance) took effect on September 1, 2022. The law requires certain employers to provide independent contractors with disclosures both before entering a...more

Miller Nash LLP

Seattle Alert: New Independent Contractor Protections Go Into Effect September 1, 2022

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There are new regulations for businesses/hiring entities who engage with independent contractors (ICs) working in Seattle which go into effect September 1, 2022. The regulations require businesses to provide certain...more

Coblentz Patch Duffy & Bass

New California Laws Affecting the Workplace in 2022: What You Need to Know

As with every new year, California rolled out new laws affecting the workplace beginning January 1, 2022. Below is a summary of some of the most relevant changes that may affect your business. As always, please reach out to...more

Littler

What’s New in 2022? Laws and Regulations Taking Effect in the New Year

Littler on

2021 saw state and local legislatures shifting their focus away from COVID-19 measures back to traditional employment law matters. Although two states and the District of Columbia have COVID-19 related legislation going into...more

Perkins Coie

2021 California Labor, Employment, and Independent Contractor Legislative Update

Perkins Coie on

With the 2021 California legislative year closed, it is now time to examine the new legislation that will affect California companies. We have summarized the key new legislation below, with relevant action items noted....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

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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

CDF Labor Law LLP

Proposition 22 Challenged in Oakland State Court

CDF Labor Law LLP on

Last November, California voters convincingly (almost 60% supporting) enacted Proposition 22.  This Proposition was a well-funded effort that allows gig drivers working for companies like Uber, Lyft and Doordash to avoid the...more

Fisher Phillips

January 2021: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Polsinelli

California Supreme Court Holds “ABC Test” For Independent Contractors Applies Retroactively

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On January 14, 2021, the California Supreme Court held that the “ABC Test” for classifying workers as independent contractors applies retroactively.  The high court first articulated this standard, which makes it tougher for...more

Littler

California Supreme Court Reaffirms that ABC Test is Retroactive

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On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior...more

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