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Independent Contractor Archives

Independent Contractor Legal Battle Now May Include Accusations of Unfair Competition

In September 2018, yet another lawsuit was filed against Uber, the ride-hailing company that has had several lawsuits filed against it, many about the classification issue of whether Uber drivers are employees or independent contractors. Uber has found some effective legal defenses in these lawsuits against it, so now a unique kind of lawsuit has been added to the lineup of lawsuits against Uber.

Exotic Dancers Found By Jury To Be Misclassified Independent Contractors

Exotic dancers can be properly classified as either employees or independent contractors depending on how the working relationship is structured. But when the independent contractors believe they have been misclassified and should have really been employees, lawsuits may result.

New Law Creates Online Complaint System for Misclassification of Workers as Independent Contractors Rather than Employees

On September 22, 2017, Illinois Governor Bruce Rauner signed new legislation (effective July 1, 2018) called the Illinois Employee Misclassification Referral System Act.

New York City Places Caps on Uber and Lyft!

Creating a brave new world for taxi and limousine service companies, Uber and Lyft introduced their ride-hailing services approximately six years ago. Time has passed and now urban policy makers are shocked at how these very convenient and popular ride-hailing services have quickly changed transportation options in cities like New York City.

A 2018 Update For Illinois Trucking Companies Who Use Independent Contractors: Another Look At Owner-Operators!

The purpose of this article is to update readers on what has been happening recently with Illinois Department of Employment Security ("IDES") Hearings (and IDES audits) regarding the classification of owner-operator truck drivers (i.e., are they independent contractors or misclassified employees for purposes of Section 212.1?).

All Employers in North Carolina Must Now Post an Independent Contractor Notice

There is a wide variation, state by state, as far as the treatment of the independent contractor versus employee classification issue. Laws regarding independent contractor status and unemployment insurance benefits, workers' compensation coverage, overtime, etc. vary widely from state to state. Yes, there are also Federal laws which impact independent contractor status; but, increasingly, states are enacting new and creative laws requiring employers to "jump through hoops" as far as permitting independent contractor usage.

The Illinois Department of Employment Security (IDES) Interprets Independent Contractor ABC Test More Harshly than Other States

Good news for New Jersey employers who use independent contractors! Happily, the Superior Court of New Jersey Appellate Division [in Garden State Fireworks Inc. v. NJ Dept. of Labor, A-1581-15T2 (N.J. App. Div. September 29, 2017] recently decided that a pyrotechnics company's legal relationship with its independent contractor pyrotechnicians satisfied all three parts of the "ABC test" as laid out in New Jersey's definition of independent contractor status for unemployment insurance purposes.

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