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Independent Contractors Regulatory Requirements Gig Economy

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 -
Troutman Pepper Locke

Comments Submitted to New Jersey’s Proposed Regulation Expanding “ABC Test for Independent Contractor Status”

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The following comments were submitted by Richard J. Reibstein, the publisher of this legal blog, critiquing the proposed regulation of the New Jersey Department of Labor and Industry (the Department) regarding the so-called...more

Seyfarth Shaw LLP

New Jersey Eyes Regulatory Changes to Strengthen its Statutory ABC Test and Prevent Employee Misclassification

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On April 3, 2025, the New Jersey Department of Labor and Workforce Development (“DOL”) filed proposed new rules codifying its interpretation of the statutory ABC test to determine whether an individual is considered an...more

Troutman Pepper Locke

Garden State May Soon Become Even Less Hospitable to Independent Contractors ‎Than the Golden State

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The New Jersey Department of Labor and Industry (the Department) announced on April 28, 2025, that it was filing a notice of a proposed regulation addressing the test for independent contractor (IC) status under New Jersey...more

Littler

Another Privacy Headache for California: Court of Appeal Ruling Will Slow Down Criminal Background Checks Throughout California

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Companies that hire employees and engage independent contractors in California should brace for a significant slowdown in background checks that include criminal record searches in California state courts....more

Littler

New State Employment Laws Set to Take Effect on January 1, 2021

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As employers continue to grapple with the ever-changing legal landscape of COVID-era regulations, 2021 will bring changes to the traditional realm of employment law in dozens of jurisdictions.  Compared to prior years, there...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

Seyfarth Shaw LLP

NYC Amends Guidance, Now Requires Independent Contractors to Receive Annual Anti-Harassment Training

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Seyfarth Synopsis: The New York City Commission on Human Rights (the “City Commission”) has amended its guidance concerning the annual anti-sexual harassment training requirement under the Stop Sexual Harassment in NYC Act. ...more

Littler

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

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Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more

Littler

WPI State of the States: New Year, New Legislative Trends

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The year 2020 is already shaping up to be quite active on the employment law front, and a quarter of U.S. states have yet to convene their 2020 legislative sessions. In January, over 800 labor and employment-related bills,...more

Polsinelli

New Jersey Continues to Expand Worker Protections – New Protections for Misclassified Workers; New Potential Liability

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In addition to bolstering the provisions of its mini-WARN Act (see Part I), New Jersey Governor Phil Murphy also recently signed into law expansive provisions aimed at deterring worker misclassification....more

Morgan Lewis

New York Governor Proposes Significant Employment Law Updates in 2021 Budget

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In what has become a trend over the last few years, Governor Cuomo included multiple labor and employment law proposals in the budget that, if approved, would create significant new responsibilities for New York employers,...more

Seyfarth Shaw LLP

New Jersey Strengthens Enforcement Tools to Crack Down on Independent Contractor Misclassification

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Seyfarth Synopsis: Governor Murphy signed 153 bills into law on January 20, 2020, including six (6) that increase enforcement mechanisms for state agencies to impose certain penalties against employers who misclassify workers...more

Epstein Becker & Green

Massachusetts Issues Guidance on When Contractors and Other Workers Count Towards the ‘25 Covered Individuals’ Threshold

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As we previously reported, the Massachusetts Department of Family and Medical Leave (“DFML”) has been providing on-going substantive and procedural regulations and guidance to effectuate the state’s Paid Family and Medical...more

Seyfarth Shaw LLP

Workplace Safety In The Gig Economy: New Hazards and Liabilities

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Seyfarth Synopsis: The growth of the gig economy has transformed the modern workforce and upended traditional models for developing a workplace safety culture and worker safety training. New and inexperienced workers...more

Littler

Littler Global Guide - Australia - Q3 2018

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Company Liable for Contract Worker’s Injuries - Precedential Decision by Judiciary or Regulatory Agency - On September 6, 2018, the NSW Supreme Court held that a company (Company A) that used a contracted labor hire...more

Littler

Trump Administration DOL Issues First Substantive Guidance on Independent Contractors

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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

Seyfarth Shaw LLP

Outsourcing: Why The Game Has Changed

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Traditionally, alternative labour models – including outsourcing and contracting – have been used by business to defray cost and risk and deal with workflow fluctuations. Today’s environment is creating new challenges for...more

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