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Tag: Independent

Prop. 22 would create new kind of independent contractor

Proposition 22, a hotly contested ballot measure, would create a new profession under California law consisting of app-based rideshare and delivery drivers with its own set of labor rules. Much of the campaign rhetoric has focused on competing claims about what most drivers want. Supporters and opponents also have argued over the value of protections the measure would provide to customers of these services.

This column focuses on the new independent contractor framework the measure would create and on the compensation and benefits app-based drivers would receive.

Current law

Under AB 2257, the successor to AB 5, a worker is presumed to be an employee unless the hiring entity can show the worker is: (A) relatively free of the hiring entity’s control; (B) performing work outside the usual course of the hiring entity’s business, and (C) customarily and regularly doing work, in an established trade, occupation, or business, of the

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The pros and cons of hiring independent contractors

When filling a role in your company, there are many decisions to make. Not only do you want to find the right candidate to complete the job, but you want to ensure that you hire them under the best category to fit your business needs.

Choosing to hire an independent contractor or an employee is a significant decision since today more, and more companies choose to bring on independent contractors – and for a good reason.

There are pros and cons to this decision.

Let’s explore them below.

What is an independent contractor

Independent contractors are self-employed workers.

When hiring them, you have the right to control and direct the result of their work, but no legal rights to demand what will be done or how it will be done.

You won’t serve the role of their boss – even if you hire them for ongoing work for your company.

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Howard Levitt: Why the independent contractor status of doctors leave them vulnerable in the workplace

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At trial, the judge acknowledged that both physicians would be required to “consider new career paths” as the College of Physicians and Surgeons of Ontario required that they complete extensive retraining to practice in emergency of family medicine, as they had spent their careers specializing in urgent care and found themselves with nowhere to practice. Dr. Luczkiw developed cancer shortly after the urgent care centre closed.

Despite the, frankly, tragic result and unfavourable outcome for the physicians in this case, the Court took an important step in finding that the physicians were dependent contractors due to their economic dependence on the hospital and their high level of exclusivity. As a result, where privileges are cancelled, revoked, refused or substantially altered, absent this limited statutory exemption, physicians would be entitled to damages for reasonable notice, as dependent contractors, in the same way as employees — and potentially for

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Why the independent contractor status of doctors leave them vulnerable in the workplace

Most physicians are not employees in the traditional sense, but rather are independent contractors with hospital 'privileges'.

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Most physicians are not employees in the traditional sense, but rather are independent contractors with hospital ‘privileges’.

The pandemic has shone a light on many aspects of society, but nowhere more brightly than on our healthcare system.


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Exposing both its frailties and resilience, COVID-19 has made it clear that the strength of our hospitals lies with our frontline staff: physicians, nurses and other healthcare professionals. However, the independent contractor status of physicians can leave them vulnerable to unfair practices in the workplace. Recently, however, our courts recognized one of the challenges physicians practicing in hospitals face: the dependent nature of many physicians’ practices and the lack of financial protection if their privileges are terminated. Shouldn’t a physician be entitled to compensation if a hospital effectively terminates their job?

Hospitals, and in particular academic hospitals, are complex work environments. Most physicians are not employees

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DOL’s Proposed Rule on Independent Contractors

In this episode of The Proskauer Brief, partners Harris Mufson and Allan Bloom discuss the U.S. Department of Labor’s proposed new rule on independent contractor classification.  In recent years, the misclassification of workers as independent contractors has been the subject of a number of private lawsuits and investigations by government agencies.  This is true for traditional industries and also companies within the gig economy, which rely heavily on independent contractors.  So be sure to tune in as we address how this proposed rule may impact employers’ classification of workers.

Harris Mufson:  Welcome to The Proskauer Brief: Hot Topics in Labor and Employment Law.  I’m Harris Mufson and on today’s episode I’m joined by Allan Bloom and we’re going to discuss the Department of Labor’s proposed new rule on independent contractor’s classification.  So Allan, Employment Law really divides workers into two categories: one employees and the others independent contractors, and the

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As If Calling Its Wrestlers ‘Independent Contractors’ Wasn’t Enough, WWE Is Now Going to Hijack Their Twitch Accounts

Encouraging wrestlers to develop their own brand and then coming back to say, “Oh hey, sorry, you need to give us your Twitch account now,” just seems wrong. However, that’s exactly what WWE is doing to its wrestlers, who learned this week that the company would be taking over their Twitch accounts in four weeks, according to WrestlingINC.

a man standing in front of a crowd: Seth Rollins celebrates his victory over John Cena at the WWE SummerSlam 2015 at Barclays Center of Brooklyn on August 23, 2015 in New York City.

© Photo: JP Yim (Getty Images)
Seth Rollins celebrates his victory over John Cena at the WWE SummerSlam 2015 at Barclays Center of Brooklyn on August 23, 2015 in New York City.

The Twitch takeover is related to an edict issued by WWE CEO Vince McMahon at the beginning of September. Per WrestlingINC, the edict stated that talent could no longer “engage with outside third parties” and that wrestlers had 30 days to terminate third-party activities. In a letter to wrestlers at that time, McMahon said that some individuals that were engaged

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‘Employee’ or ‘independent contractor’? DOL proposed definitions could save companies millions

A new U.S. Department of Labor proposal aimed at clarifying whether workers should be classified as “employees” or “independent contractors” could have a major impact on how companies do business and pay their workers – although there are a number of “ifs” associated with the proposition.

“The Department’s proposal aims to bring clarity and consistency to the determination of who’s an independent contractor under the Fair Labor Standards Act (FLSA),” said Secretary of Labor Eugene Scalia. “Once finalized, it will make it easier to identify employees covered by the Act, while respecting the decision other workers make to pursue the freedom and entrepreneurialism associated with being an independent contractor.”

“The rule we proposed today continues our work to simplify the compliance landscape for businesses and to improve conditions for workers,” said Wage and Hour Division Administrator Cheryl Stanton. “The Department believes that streamlining and clarifying the test to identify independent

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How DOL Proposal Changes Independent Contractor Analysis

Law360 (September 28, 2020, 1:48 PM EDT) — On Sept. 25, the U.S. Department of Labor issued a notice of proposed rulemaking[1] and request for comments in the Federal Register that seeks to simplify and clarify how to determine whether a worker is an independent contractor or employee under the Fair Labor Standards Act.

The DOL has fast-tracked this rule and appears committed to finalizing the proposed regulations before the end of the year.

President Franklin Roosevelt signed the FLSA following the Great Depression and before the U.S. entered World War II when the options for work were largely limited to earning a wage by working for someone else….

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the

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A Small Business Guide to Independent Contractors vs. Employees

Hands of independent contactor holding smartphone while texting and sitting at desk

© Getty Images
Hands of independent contactor holding smartphone while texting and sitting at desk

The independent contractor vs. employee debate is about as hot and steamy as the tax world gets.

Most of the time, it’s easy to discern an independent contractor from an employee. However, sometimes the nature of a worker’s role lies in a gray area between the two classifications. If that’s why you’re here, read on.

text, letter: A graphic that says “independent contractor vs. employee” at the top and a caption at the bottom.

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A graphic that says “independent contractor vs. employee” at the top and a caption at the bottom.

What is an independent contractor?

Independent contractors provide their services to clients for a fee. Businesses bring on independent contractors to complete projects that require capacity and expertise not found in their workforce.

For small businesses, two of the most common types of independent contractors are lawyers and accountants. Since their services aren’t constantly needed, it’s more cost-effective

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MITRE Issues Independent Coronavirus Commission for Safety and Quality in Nursing Homes Final Report

MCLEAN, Va. & BEDFORD, Mass.–(BUSINESS WIRE)–MITRE announced that its report on the independent Coronavirus Commission for Safety and Quality in Nursing Homes, delivered to the Centers for Medicare & Medicaid Services (CMS) on September 1, 2020, is now available online.

The 186-page report contains 27 principal recommendations, and over 100 accompanying action steps organized into 10 themes: Testing and Screening; Equipment and Personal Protective Equipment (PPE); Cohorting; Visitation; Communication; Workforce Ecosystem – Stopgaps for Resident Safety; Workforce Ecosystem – Strategic Reinforcement; Technical Assistance and Quality Improvement; Facilities; and Nursing Home Data.

“I want to thank the 25 commission members – from infection control experts to nursing leaders to a nursing home resident – for candidly sharing learnings and carefully shaping recommendations that have the potential to improve safety and quality of life in nursing homes immediately,” said Dr. Jay Schnitzer, chief medical and technology officer at MITRE,

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