Tag: Independent Contractors

New York City freelancer law to take effect May 15

by Zach Morahan and Shannon Kane New York City’s new “Freelance Isn’t Free Act,” which goes into effect May 15, requires written contracts for many freelance jobs worth $800 or more and provides for stiff monetary remedies if the hiring party tries to avoid paying the freelancer for work performed. Under the new law, a […]

independent contractor

Ask the Expert: Can Our Employee Work as a ‘Contractor’ on Weekends?

Question: We are seeking clarification on hours worked for overtime pay. We have an employee who works as a “contractor” outside regular working hours, such as weekends. We are looking for guidance on when we will have to pay overtime; if allowing the employee to work as a “contractor” on the weekends will still count […]

EEOC announces new strategic enforcement priorities

by Leslie E. Silverman The Equal Employment Opportunity Commission (EEOC) broke new ground in late 2012 with the release of its first Strategic Enforcement Plan (SEP) publicly identifying its top enforcement priorities. Since that time, the EEOC’s enforcement and litigation program has largely focused on the priority areas laid out in the SEP:  Eliminating barriers […]

FLSA: Exotic Dancers Are Employees, Not Independent Contractors

By Kevin C. McCormick The U.S. Court of Appeals for the 4th Circuit—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia—recently held that a group of exotic dancers are employees under the Fair Labor Standards Act (FLSA), not independent contractors. Consequently, the dancers are entitled to minimum wage for all hours they work […]

Illinois Court Finds Chicago Eatery’s FLSA Claims Unappetizing

By Steven L. Brenneman, Fox, Swibel, Levin & Carroll, LLP Does your organization use independent contractors or other workers labeled “owners” or “partners” who aren’t considered employees? If so, a recent decision by a federal court judge in Chicago that shows the danger in misclassifying employees may give you indigestion.

New Arizona law allows independent contractors to declare their status

by Dinita L. James Gonzalez Law, LLC A new Arizona law going into effect on August 6 will allow independent contractors to provide a declaration of their independence to businesses using their services. The law provides a form called a declaration of independent business status (DIBS) to help determine whether a worker should be classified […]

Uber settlement keeps independent contractor business model

Drivers for ride-hailing giant Uber will continue to be independent contractors under the terms of a settlement of class-action lawsuits in California and Massachusetts if the settlement receives court approval. The settlement, announced on April 21, will require the company to pay drivers an initial $84 million and possibly as much as $100 million. Despite […]