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Troutman Pepper Locke

Health Care Industry Under Attack for Independent Contractor Misclassification: July 2025 IC Legal News Update

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Unless you were in the health care industry, July 2025 was a relatively slow month for judicial developments in the law of independent contractor (IC) misclassification and compliance. Only two significant IC cases came to...more

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

Republican-Backed Congressional Proposal in Congress Seeks to Allow Companies to Offer Benefits to Independent Contractors: April...

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Last month, the most significant legal development in the area of independent contractor (IC) compliance and misclassification was on Capitol Hill. Bill Cassidy of Louisiana, a Senate Republican who chairs the Senate Health,...more

Hanson Bridgett

Is the Unionization of Uber and Lyft Drivers On California’s Horizon?

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On April 10, 2025, California legislators introduced Assembly Bill 1340, also known as the Transportation Network Company Drivers Labor Relations Act, which would afford drivers of app-based transportation companies such as...more

Troutman Pepper Locke

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

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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

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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

Harris Beach Murtha PLLC

Federal Trade Commission Forms Task Force to Address Labor Market Conduct

On February 26, 2025, Andrew N. Ferguson, the newly appointed Chair of the Federal Trade Commission (FTC), issued a memorandum outlining the agency’s populist agenda and directing the formation of a “Joint Labor Task Force”...more

Fisher Phillips

Harris v. Trump: The Definitive Workplace Law Preview for Employers

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Either Kamala Harris or Donald Trump will be our nation’s next president – and the impact on workplace law will be significant regardless of who prevails. During their campaign trails, each candidate has provided some clues...more

Littler

British Columbia Statute on Minimum Employment Standards for App-based Gig Workers Receives Royal Assent, But Relevant Provisions...

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On November 30, 2023, Bill 48 – 2023: Labour Statutes Amendment Act, 2023 (Bill 48), received Royal Assent from the Government of British Columbia (BC).  Bill 48 is a statute pertaining to minimum employment standards for...more

Epstein Becker & Green

The Industrial Welfare Commission Returns with Plans for More Protections for California Employees

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With $3 million in funding from A.B. 102, California’s recent appropriations bill, the Industrial Welfare Commission (IWC), the administrative body charged by statute to regulate wages, hours, and working conditions, will...more

Quarles & Brady LLP

NLRB Takes Aim at Employers that Classify Workers as Independent Contractors

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In recent action, the National Labor Relations Board (“NLRB” or “Board”) has demonstrated a clear intention to closely scrutinize employers that classify workers as independent contractors. Specifically, in June, 2023, the...more

Nelson Mullins Riley & Scarborough LLP

Deja Vu All Over Again as the U.S. DOL Proposes Rule to Reinstate Former Contract Classification Test

On Tuesday, October 11, 2022, the United States Department of Labor, Wage and Hour Division (DOL), announced a proposed rule clarifying the Fair Labor Standards Act’s (FLSA) independent contractor classification test. The...more

FordHarrison

U.S. Department of Labor Announces New Independent Contractor Rule

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Executive Summary: On October 11, 2022, the United States Department of Labor (DOL) announced that it will publish a notice of proposed rulemaking that would assist employers in classifying workers as employees or independent...more

Polsinelli

New Independent Contractor Test Increases Risk of Independent Contractor Misclassification

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The U.S. Department of Labor is set to issue a Proposed Rule that will have a significant impact on the test used to determine whether someone is an independent contractor or an employee under the Fair Labor Standards Act...more

CDF Labor Law LLP

A Creative Compromise to Address Worker Flexibility and Basic Workplace Protection: The Bipartisan Worker Flexibility and Choice...

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Thanks to powerful lobbying, last week the House of Representatives introduced a new bipartisan bill, the Worker Flexibility and Choice Act (the “Act”). This bill provides for a new classification of workers in between...more

Proskauer - Law and the Workplace

New York State Legislature Approves Statutory Protections for Independent Contractors

In 2016, New York City enacted the Freelance Isn’t Free Act, a local law establishing protections for certain freelance workers providing services for entities located in the City. Earlier this month, the New York State...more

Littler

New York State Legislature Seeks to Expand Employee Rights to Freelancers Statewide

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During the final days of its most recent legislative session, the New York State Legislature passed a bill (S8369B) that would mandate contractual forms and terms for businesses that use “freelance workers.”  Building on New...more

Stikeman Elliott LLP

More Ontario Updates: Bill 88 Receives Royal Assent, Minimum Wage to Increase October 1, 2022

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On April 11, 2022, the Ontario government’s Bill 88, the Working for Workers Act, 2022 (“Bill 88”), received royal assent. Earlier this year, we wrote about Bill 88 on this blog, when it was still at second reading. In...more

Proskauer - Labor Relations Update

NLRB Considers Abandoning Current Standard for Independent-Contractor or Employee Status

In what will have a significant impact on the employment status of “gig” economy workers under federal labor law, the National Labor Relations Board (“NLRB” or “Board”) seems poised to revert to a more worker-friendly...more

Littler

EU Proposes New Legislation to Protect “Digital Labor Platform” Workers from Status Misclassification

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Over 28 million people in the EU currently work through digital labor platforms. By 2025, this number is expected to reach 43 million. The rise of digital labor platforms (i.e., what is often referred to as the “gig” or...more

Robins Kaplan LLP

Financial Daily Dose 5.6.2021 | Top Story: Peloton Recalls All Treadmills Over Child-Safety Concerns

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Peloton has recalled all of its treadmill models—the Tread+ and Tread—“less than a month after it fought the U.S. Consumer Product Safety Commission as it warned that dozens of injuries and one death of a child had been...more

Bricker Graydon LLP

DOL announces withdrawal of Trump administration independent contractor rule

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On May 5, 2021, the Department of Labor (DOL) confirmed it is withdrawing the rule promulgated under the Trump administration addressing how to determine whether a worker is an employee or independent contractor under the...more

Morgan Lewis

The PRO Act’s Changes to ‘Independent Contractor’ Status: Unraveling the US Economy

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The Protecting the Right to Organize Act, or PRO Act (H.R. 842, S. 420), would make extensive changes in US labor laws, including the PRO Act’s reformulation of “independent contractor” status. This is not a mere technical...more

Pullman & Comley - Labor, Employment and...

DOL Proposes to Scrap Employer-Friendly Independent Contractor Rule

The Department of Labor (DOL) has officially published its notice proposing to withdraw the new rule – issued two weeks before the change in Presidential Administrations – allowing employers to more easily classify workers as...more

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