New York

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…

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…

Independent Contractors: The Newest Ultrahazardous Sport

base jumping in a city

  From Lexology, Priya Khatkhate discusses the New York freelancer ordinance and compares hiring freelancers to other risky activities such as street luging.  Priya writes: Base jumping, street luging, and transporting loose glass bottles of nitroglycerine in the back of a Jeep off-road have been equally adventurous activities in the modern world. Now, courtesy of New York…

Chris Lazarini Examines Employee v. Independent Contractor Issue 

business insurance on chalkboard

  From JDSupra, Christopher Lazarini discusses a New York case in which a college student who was a financial representative or agent and classified as an independent contractor.  The court agreed that he was an independent contractor.  Christopher writes: Under New York law, the critical inquiry in determining whether an employment relationship exists rests with the degree…

Uber and the Battle Over Workers’ Comp

uber-woman-ride-in-the-back-seat

    From IWPharmacy, Danielle Jaffee discusses how Uber’s classification of its drivers as independent contractors affects drivers ability to obtain workers compensation benefits.  Danielle reviews what has happened in California and Alaska and describes a unique approach that New York has adopted.  Danielle writes: For example, in 2015 after facing an investigation by Alaska regarding…

Appellate Division Rules That Paid Blogger Was Not An “Employee” Entitled To Unemployment Benefits, Signaling Trend Toward More Searching Judicial Review of Agency Decisions 

blogger in coffee shop

From the National Law Review, Allan S. Bloom discusses a recent court decision in New York that said that a blogger was an independent contractor.  Allan writes: In an encouraging decision last week, the Appellate Division, Third Department—in Mitchell v. The Nation Co. Ltd. Partners (Dec. 29, 2016)—reversed two decisions of the UI Appeal Board and held…

November 2016 Independent Contractor Misclassification and Compliance News Update

new-york-on-a-neon-sign

  From JDSupra, Richard J. Reibstein discusses news from the Independent Contractor Misclassification and Compliance Blog including how the new New York City law.  The new law, designed to protect freelancers, may result in fewer companies using freelancers with a New York City mailing address because of the potential damages the law allows a freelancer to…

Freelancers to Enjoy Fee Payment Protections in New York City, But Bill Passed by City Council Has Major Defects 

new-york-on-a-neon-sign

  From the Independent Contractor Misclassification and Compliance Legal Blog, Richard Reibstein, Lisa Petkun and Andrew Rudolph discuss the key features and drawbacks of a recent bill passed by the New York City Council to protect freelancers.  They write:  The Mayor should send it back to the City Council to cure its flaws, which would otherwise lead…

New York Establishes a Super IC Misclassification-Plus Task Force 

New York State

    From JDSupra, Richard Reibstein reports that New York established a Super IC Mislcassifcation-Plus Task Force.  Richard writes: New York State has been and remains one of the most aggressive states in identifying independent contractor misclassification. It has enacted two of the most far-reaching misclassification statutes in the country covering two industries where independent contractor…