Topic
Employee Classification
240 published works
Who Is My Employee?
Make Sure Your Social Media Influencer Isn’t Deemed To Be Your Employee (and Other Legal Tips) — Free Webinar on Sep. 28
More than 67% of US marketers will use some form of social media influencer marketing this year, according to emarketer.com. While I can’t vouch for the numbers, I do believe…
Milikowsky Tax Law Blog
Right of Control: Who has it and How Does EDD Determine 1099 Status?
When determining whether your workers should be classified as employees or independent contractors, it’s critical to ensure that you are closely following the Employment Development Department’s (EDD) strict guidelines. On…
Franchise Law Update
Franchising Threat No. 3: Other State Legislation and Policies
By Natalma M. McKnew, John Gotaskie
The California version of the ABC test is arguably the most hostile to franchising. Nonetheless, the risk is not confined to California. This is because the ABC employee classification test,…
New York City Law Blog
4 ways employers may be withholding overtime pay
The unfortunate reality is that many employers often utilize tactics to unfairly reduce the amount they pay their workers. These tactics, which are often unlawful, may include withholding overtime pay…
Employment Law Watch
Texas Supreme Court finds injured contract worker was an employee for workers’ compensation purposes
The current prominence of the multi-entity workplace—where so-called “host” employers rely on third-party staffing agencies to perform various functions—makes a clear determination of statutory “employer” status critical in a variety…
Hunton Employment & Labor Perspectives
Recent Shifts In The Independent Contractor v. Employee Classification Rules
By Kevin J. White, Savannah R. Gibbs
The legal landscape for defining “employers,” “employees,” and “independent contractors” can be quite dynamic, as this past year has illustrated. In January 2021, the Department of Labor issued an employer-friendly…
KEW Tips
Employee or Independent Contractor?
Whether an individual worker can or should be classified as an employee or independent contractor is a crucial question that every employer needs to answer before bringing on a worker.…
SALT Shaker
California Supreme Court Holds Dynamex Applies Retroactively
By Charlie Kearns, Eversheds Sutherland SALT
On January 14, 2021, California’s Supreme Court concluded in Vasquez v. Jan-Pro Franchising Int’l, Inc. (2021) 10 Cal.5th 944, 273 Cal.Rptr.3d 741, 478 P.3d 1207 that its Dynamex decision and…
WSNYC Blog: The Latest in Employment Law
From Independent Contractors to Employees: New York Supreme Court Rules in Favor of Uber Drivers
The unexpected and sudden emergence of Covid-19 this past year has left many financially burdened, including Uber drivers. The U.S. unemployment rate reached 14.7 percent in April, the highest level…
Workers’ Compensation Law Prof Blog
Letter to Congress From Labor and Activist Groups on Gig Economy — Workers’ Compensation Implications
To state the obvious, continued contraction of employee status in the national economy diminishes in importance all domains of employment law. Why would anyone need workers' compensation if we did…