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Independent Contractors Regulatory Reform Employer Liability Issues

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 -
Keating Muething & Klekamp PLL

The Independent Contractor Tug-of-War: Navigating the Latest DOL Shifts

Classifying a worker as an independent contractor rather than an employee can be one of the more complicated—and risky—decisions an employer can make, as misclassification can lead to serious legal and financial consequences....more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - February 2020 #3

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NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more

Ballard Spahr LLP

Make a U-Turn Now: NLRB Re-Writes Independent Contractor Test

Ballard Spahr LLP on

The National Labor Relations Board (NLRB) overturned yet another Obama-era precedent—the 2014 FedEx Home Delivery decision, which had severely limited the definition of an independent contractor under the National Labor...more

Littler

Trump Administration DOL Issues First Substantive Guidance on Independent Contractors

Littler on

The Wage and Hour Division of the Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) on Friday, July 13, 2018, titled “Determining Whether Nurse or Caregiver Registries Are Employers of the Caregiver.”...more

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