News & Analysis as of

Independent Contractors New York

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.

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

Katten Muchin Rosenman LLP

New York Passes Law to Protect Models On and Off the Runway - The Katten Kattwalk | Issue 29

New York is one of the largest epicenters of artistic expression, housing top fashion brands and modeling agencies alike. From striking a pose to walking down a runway, modeling has been a steady profession for many New...more

Weber Gallagher Simpson Stapleton Fires &...

Surveillance, Attorney Fees, and Employment Status: Recent 3rd Dept. Decisions

There were three new 3rd Dept. cases of note from yesterday (two workers’ compensation cases and another relevant case): Hurley v. Lawrence School District. This case would seem to be self-evident. The claimant, a special...more

Clark Hill PLC

The fashion industry’s legal makeover: What the New York State Fashion Workers Act means for the fashion world

Clark Hill PLC on

The New York State Fashion Workers Act (“FWA”), effective June 19, represents a significant shift in labor protections for the modeling industry. As the first U.S. law to impose fiduciary duties, contract transparency, and AI...more

Goldberg Segalla

Another Win for Professional Employer Organizations at New York Third Department

Goldberg Segalla on

Another day, another chapter in the evolving world of New York Workers’ Compensation for Professional Employer Organizations (PEOs). As discussed in prior updates, this decision follows the foundational Third Department...more

Epstein Becker & Green

Independent Contractor Rule, EEO-1 Reporting, and New York Labor Law Amendment - #WorkforceWednesday® - Employment Law This Week®

Epstein Becker & Green on

This week, we're covering the U.S. Department of Labor's (DOL’s) decision to halt enforcement of the Biden-era independent contractor rule, the upcoming EEO-1 reporting season (starting on May 20), and New York State’s new...more

Troutman Pepper Locke

The Legal Landscape of Independent Contractor Misclassification May Be About to Change: March 2025 IC Legal News Update

Troutman Pepper Locke on

The most significant development last month in the law of independent contractors was not one of the four cases we summarize below but rather a bill passed by the New York Senate. ...more

Seyfarth Shaw LLP

Not Fooling Around: Critical New York State Legislative Updates for Employers as April Begins

Seyfarth Shaw LLP on

During the first quarter of 2025, the New York State legislature and Governor Kathy Hochul have been actively advancing several initiatives that – if passed and signed – will require New York employers to adapt their policies...more

Rivkin Radler LLP

$68 Million CDPAP Fraud Indictment Unsealed Amidst Industry Changes

Rivkin Radler LLP on

On October 9, 2024, the United States Attorney’s office in the Eastern District of New York unsealed an indictment alleging that eight defendants defrauded Medicaid of approximately $68 million. The alleged scheme involved...more

Whiteford

Employment Law Update: New York’s Freelance Isn't Free Law: What NY Employers Need to Know

Whiteford on

On August 28, 2024, New York State’s Freelance Isn’t Free Law (“FIFL”) took effect, extending protections to freelance workers statewide. This sweeping law is codified in a new Article 44-A to New York State’s General...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

Harris Beach Murtha PLLC

What New York Employers Should Know about the Freelance Isn’t Free Act

New Yorkers utilizing freelance workers or independent contractors for work totaling $800 or more will soon need to comply with New York’s Freelance Isn’t Free Act (“FIFA”). The Act, which was signed into law by Governor...more

Foster Garvey PC

New Protections for Freelancers Statewide Under the New York Freelance Isn’t Free Act

Foster Garvey PC on

Originally effective in New York City from May 15, 2017, the New York Freelance Isn’t Free Act will now expand its protections to freelance workers across the entire state, effective August 28, 2024. This updated legislation...more

Lippes Mathias LLP

New York Enacts New Requirements for Independent Contractor Relationships

Lippes Mathias LLP on

New York State recently enacted a new Article 44-A of the New York State General Business Law, known as the “Freelance Isn’t Free Act” (“Act”). Once it goes into effect on August 28, 2024, the Act will require individuals and...more

Epstein Becker & Green

Freelance Isn’t Free Act Soon Takes Effect Throughout New York State

For employers doing business in New York, the “Freelance Isn’t Free” Act (the “Act”) signed into law by Governor Kathy Hochul in March of this year may have stirred up memories of the New York City ordinance enacted just a...more

Segal McCambridge

Fashionably Late or Right On Time: New York’s Fashion Workers Act Heads To The Governor’s For Signature

Segal McCambridge on

The Fashion Workers Act has been passed by the New York Assembly and Senate and is now heading to the Governor’s desk to be signed into law. It’s a comprehensive law that provides additional requirements for clients and...more

Mandelbaum Barrett PC

Navigating New York City's Updated Workers' Rights Poster Requirements: Compliance and Considerations

Mandelbaum Barrett PC on

On March 1, 2024, the New York Department of Consumer and Worker Protection (DCWP) published a comprehensive guide to employee rights in the workplace. New York City employers have until July 1, 2024, to distribute and post...more

Patterson Belknap Webb & Tyler LLP

New York City's Notice and Distribution Requirement of "Workers' Bill of Rights"

On December 4, 2023, New York City Mayor Eric Adams signed into law the New York City Council’s bill, Int 0569-2022 (the “City Law”). The bill, known as the “Workers’ Bill of Rights,” will require New York City employers to...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

Troutman Pepper Locke

Talk About Competition! New York City Considers Three Different Noncompete Bans

Troutman Pepper Locke on

Q: Is New York City considering a total ban on noncompete agreements? A: Yes — a total ban on noncompete agreements would be the result of one of the three noncompete bills currently pending in the New York City Council,...more

Shipkevich PLLC

Federal Court Clarifies Narrow Face-to-Face Exemption to TSR Advance Fee Prohibition, Immediately Bans Defendants from Charging or...

Shipkevich PLLC on

On March 4, 2024, a federal trial court in New York immediately banned a slew of debt relief service providers from charging and/or collecting any advance fees for debt relief services, finding that the defendant’s initial...more

Hinshaw & Culbertson - Employment Law...

What New York's "Freelance Isn't Free Act" Means for Employers

On November 22, 2023, Governor Kathy Hochul signed the “Freelance Isn’t Free Act” into law. The Act, which is similar to the New York City law containing the same name, is designed to provide protections for freelance workers...more

Cole Schotz

New York Enacts Protections for Freelance Workers

Cole Schotz on

Despite previously vetoing the legislation, Governor Kathy Hochul signed the Freelance Isn’t Free Act (the “Act”) into law on November 22, 2023. The Act is similar to New York City’s law bearing the same name, which has been...more

Fenwick & West LLP

5 Practical Employment Tips You Need to Know for 2024

Fenwick & West LLP on

2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through...more

Littler

New York Enacts Sweeping Changes to Independent Contractor Arrangements

Littler on

The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not...more

53 Results
 / 
View per page
Page: of 3

"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