News & Analysis as of

Independent Contractors Non-Compete Agreements Preliminary Injunctions

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 -
McGlinchey Stafford

Florida CHOICE Act Expands Enforceability of Non-Compete and Garden Leave Agreements

McGlinchey Stafford on

On July 1, 2025, Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act took effect, ushering in substantial changes to the state’s non-compete law under Florida Statute §...more

Haynsworth Sinkler Boyd, P.A.

To Non-Compete Agreement or to Not? That is the Question

The Federal Trade Commission's Non-Compete Clause Rule proposed in January 2023 that we have previously written about becomes effective September 4, 2024, and invalidates most noncompetition agreements on or after the Rule's...more

King & Spalding

FTC Final Rule on Non-Competes: Employer Should Consider Compliance Preparations and Implications

King & Spalding on

At present, the Federal Trade Commission’s (FTC) final rule on non-competes (the “Rule”) is set to go into effect on September 4, 2024 for virtually every for-profit employer in the United States. Though legal...more

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