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Independent Contractors Risk Management 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 -
Morgan Lewis

New Restatement Rule Expands Vicarious Liability for Employee Sexual Misconduct

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The American Law Institute approved a controversial new provision of the Restatement of Torts, Third expanding vicarious liability to employers for certain sexual assaults committed by employees against third parties who are...more

Epstein Becker & Green

Tasked with Troubling Content: AI Model Training and Workplace Implications

The discussion of Artificial Intelligence (“AI”) in the workplace typically focuses on whether the AI tool and model has a discriminatory impact....more

Gray Reed

Employing Illegal Workers is Playing with Fire

Gray Reed on

There was a time when employers didn't risk much in hiring undocumented immigrants. The worst that could happen was simply losing a worker through deportation....more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - February 10th, 10:00 am - 6:15 pm EDT

Critical Guidance on Managing Covid-19 and More High Stakes Issues Coming Across Your Desk. As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s...more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - August 20th, 10:00 am - 6:45 pm EDT

As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s Virtual Conference on Complex Employment Litigation & Risk Management on August 20th. There...more

Constangy, Brooks, Smith & Prophete, LLP

The Gig Economy and You

The gig economy is the future of the workforce, right? Or is it an old concept with a modern twist? After all, using workers on a “freelance” or “independent contractor” basis is not a new idea. Whether old or new, there are...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

FordHarrison

2019 Recap: New York Leads the Nation in Expanding Work Harassment Protections

FordHarrison on

New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any...more

Littler

Highest Court in Canada Says Substance, not Form, will Determine Independent Contractor or Employee Status

Littler on

A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor. The fact-specific case, Modern Cleaning...more

Jackson Lewis P.C.

[Webinar] Employees vs. Independent Contractors: Argentina, Brazil, Canada, Chile, Mexico & U.S.A - June 25th, 11:00 am ET and...

Jackson Lewis P.C. on

In this webinar, attorneys will be focusing on understanding the distinction between contractors and employees. This will include the re-characterization of a contractor into an employee as well as from an employee into an...more

Snell & Wilmer

Dynamex Impact on California Businesses – Revisiting Dynamex One Year Later

Snell & Wilmer on

It has been more than a year since the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, setting forth a new test for determining whether a worker is...more

Seyfarth Shaw LLP

Tips on Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #4: Review Independent Contractor Relationships

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Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was...more

Seyfarth Shaw LLP

Outsourcing: Why The Game Has Changed

Seyfarth Shaw LLP on

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

Williams Mullen

Treating the Cause, Not the Symptom: How to Avoid 10 Employment-Related Liabilities in the Health Care Industry

Williams Mullen on

Companies of all shapes and sizes continually grapple with how to foster and maintain a productive, respectful work environment. Part and parcel of this objective is ensuring that the workplace complies with the various...more

Troutman Pepper

New California Law Imposes Costly Risks to Companies Using Independent Contractors Supplied by Staffing and Recruiting Firms – But...

Troutman Pepper on

On September 28, 2014, Governor Jerry Brown of California signed a bill that puts a potentially enormous liability risk on companies that use workers supplied by “labor contractors” that fail to pay all wages due the workers....more

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