News & Analysis as of

Independent Contractors Liability Negligence

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

Marshall Dennehey on

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

Marshall Dennehey

Federal Court Dismisses Wrongful Death Action Against an Online Food Delivery Platform

Marshall Dennehey on

DeRose for Estate of DeRose v. DoorDash, Inc., 2023 WL 3840655 (E.D.N.C. Jun. 1, 2023) - The parents of a pedestrian brought an action for wrongful death and negligent infliction of emotional distress against DoorDash,...more

Saiber LLC

The Saiber Construction Law Column: April 2023

Saiber LLC on

Under New Jersey law, parties who hire independent contractor are not responsible for harm that occurs to the contractor’s employees as a result of the very work that the employee was hired to perform. In September 2022, the...more

DarrowEverett LLP

Protect Ya Neck: The Wu-Tang Clan, Independent Contractors and the Potential Expansion of Negligent Hiring Claims

DarrowEverett LLP on

Instead of toiling over a 130-page private placement memorandum as an attorney or reviewing payroll as the head of the family business, imagine for a moment that you are Method Man, the de-facto lyrical leader of the Wu-Tang...more

Goldberg Segalla

Summary Judgment Granted as Premises Owner Did Not Owe a Duty to Independent Contractor’s Employee

Goldberg Segalla on

U.S. District Court for the Western District of Pennsylvania, February 15, 2022 - In this asbestos action, Carl Gay alleged that he developed mesothelioma after a forty-year career. From 1974 until 1976, Gay worked as a...more

Console and Associates, P.C.

The Most Wonderful Time of the Year? Not for Gig Economy Delivery Drivers

These days, gig economy drivers play a big part in making the holidays happen, delivering packages containing holiday decor, presents ordered online, and even catered meals for parties....more

Console and Associates, P.C.

Reports of Amazon Drivers Engaging in Dangerous Behavior Behind the Wheel

Online retailer Amazon.com grew into a household name over the past several decades due largely to the company’s ability to deliver packages to customers within days—sometimes hours. However, recently, there have been reports...more

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