States

Judge finds NYC Uber drivers to be employees

Uber X from the backseat

  From the Albany Times Union, Matthew Hamilton reports on a decision by an administrative law judge that allows Uber drivers to collect unemployment benefits.  Matthew writes: A state administrative law judge has ruled that three Uber drivers in New York City and “all others similarly situated” to them are considered employees, making them eligible for…

Idaho reports Fines of $240k in 2016 for Misclassification

Map of Idaho in the United States

  From JDSupra, in the May 2017 Independent Contractor Misclassification and Compliance News Update, Richard J. Reibstein reports on the fines imposed in 2016 on Idaho employers for misclassifying workers IDAHO REPORTS IC MISCLASSIFICATION FINES OF $240,000 IN 2016.  The Idaho Department of Labor assessed fines in 2016 of $240,000 against employers found to have misclassified workers…

Is Injured Worker an Independent Contractor or Employee 

Roofer

  From The Legal Intelligencer, Christian Petrucci discusses a recent case in which the facts were not disputed, only whether, based on the facts, the injured roofer was an employee or independent contractor.  Christian writes: The facts of Hawbaker are fairly common, and nicely ­illustrate the proper analysis. The claimant was injured in November 2013,…

New bill allows Uber, Lyft to self regulate | WFAA.com

Uber Lyft WFAA

  WFAA reports that new legislation in Texas that prevents cities from regulating Uber or Lyft and classifies drivers as independent contractors.  WFAA reports: Effective immediately, the City of Dallas and other cities such as Austin and Houston can no longer regulate Uber or Lyft or any ride share company operating in their city limits.…

Florida Legislation Establishes That Ride-Sharing Drivers Are Independent Contractors, Not Employees 

Florida blue map

    From Lexology, Anna P. Lazarus and Kevin J. White discuss a new Florida statute that says Lyft and Uber drivers are independent contractors. Unfortunately, Lyft, Uber and other transportation companies are still subject to federal laws and their classification of workers.  Anna and Kevin write: That issue just became a much simpler one in Florida:…

New Freelancer Law Imposes Additional Requirements For NYC Companies Contracting With Freelancers 

new york city street

  From JDSupra, Lisa Lewis and Danielle Thompson discuss the new Freelancers Isn’t Free Act that imposes new requirements on companies doing business with freelancers in New York City.  Lisa and Danielle write: The Establishing Protections for Freelance Workers Act, also known as the Freelance Isn’t Free Act, (the “Freelance Law”), which was touted by…

Freelance Isn’t Free: New York City Reins in Independent Contractors, One Work Provider at a Time 

New York City street

  From JDSupra, Alexander Batoff discusses the requirements of New York’s Freelance Isn’t Free Act (FIFA) which went into effect on May 15, 2017. Alexander writes: FIFA, which was passed into law last October and took effect Monday, May 15th, requires all freelance services worth at least a combined $800 over the previous 120 days to be…

Alaska Legislators, industry, work out independent contractor definition

Alaska

  From Alaska Journal, Tim Bradner discusses the process and negotiation by legislators and state administration resulting in a bill with a new definition of an independent contractor. Definition of independent contractor under HB 79 (11) a person is an independent contractor for the purposes of this chapter only if the person (A) has an express contract…

The Connecticut Supreme Court Aces Another ABC Test 

Connecticut

  From JDSupra, Michael LaVelle discusses the recent Connecticut Supreme Court Case in which the court said that an independent contractor does not have to have more than one client.  Michael writes: The issue was whether Part C of the test, being customarily engaged in an independent trade or business, required the claimants to actually have other…