New York

NYC Agency Publishes Rules for New Independent Contractor Law 

NYC Consumer Affairs website

  From JDSupra, Mark Goldstein and Cindy Schmitt Minniti discuss rules issued by the New York City Department of Consumer Affairs that govern the company-freelancer relationship.  In particular, the rules threaten provisions that require binding arbitration and waive a freelancer’s right to participate in a class action lawsuit.  Mark and Cindy write: As part of the Act’s implementation,…

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 Act — NYC Consumer Affairs

NYC Consumer Affairs website

  With the Freelance Isn’t Free Act (FIFA) becoming effective on May 15, 2017,  The New York City Consumer Affairs Department provided this copy of Local Law 140 of 2016. Note: New York City businesses must comply with all relevant federal, state, and City laws and rules. All laws and rules of the City of…

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…

Black Car Drivers in New York City Held Independent Contractors By Federal Court of Appeals

Black car

  From JDSupra, Richard J. Reibstein discusses the recent Second Circuit Court of Appeals case which said that black car drivers in New York were independent contractors. Richard writes: The decision in Saleem v. Corporate Transportation Group Ltd., No. 15-88-cv, was issued yesterday, April 12, 2017. The case involves black-car drivers in the greater New…

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…