Tag archives: Independent contractor

Carefully designed non-competes are still enforceable in British Columbia

Photo of Alysha BennettBy Alysha Bennett on Posted in Canada
Non-competition clauses have recently come under fire, as some Canadian courts and legislatures have rebuffed their application to independent contractors and employees. Courts are generally cautious about enforcing these types of clauses because they are seen as a restraint on trade. Further, given the power imbalance inherent in employment and contractor relationships, non-competition clauses are … Continue reading

Proposed Revision to Independent Contractor Classification Rules under the FLSA

Photo of Kira LathamBy Kira Latham on Posted in United States
Global Workplace Insider - A Norton Rose Fulbright BlogThe U.S. Department of Labor has recently unveiled proposed revisions to Wage and Hour Division regulations regarding employee and independent contractor classification under the Fair Labor Standards Act (FLSA). The stated intention of this change is to be more consistent with judicial precedent and practical implementation. The proposed change was announced on October 13, 2022 … Continue reading

DOL independent contractor rule withdrawn

Photo of Rachel Kurth (US)By Rachel Kurth (US) on Posted in North America, United States
Trump-era independent contractor rule withdrawn Effective today, May 6, 2021, the Department of Labor’s (DOL’s) Trump-era independent contractor rule has been officially withdrawn.  The Trump-era independent contractor rule, which never went into effect due to the change between presidential administrations, would have made it easier for companies to classify workers as independent contractors. Trump-era independent … Continue reading

De nouvelles obligations pour les plateformes de mise en relation

Global Workplace InsiderBy Elodie Grangier on Posted in Contracts, Europe, France, General
Les plateformes de mise en relation (comme Uber ou Deliveroo), qui sont de plus en plus utilisées en France, font pourtant l’objet de nombreuses critiques, principalement fondées sur les conditions de travail des travailleurs indépendants qu’elles utilisent dans le cadre de leur activité. Le Gouvernement français s’est donné pour mission d’encadrer l’activité de ces plateformes, … Continue reading

Changes to off payroll working rules from April 2020

Photo of Amanda Sanders (UK)Photo of Susie Brain (UK)By Amanda Sanders (UK) and Susie Brain (UK) on Posted in General, UK
HMRC has published its latest consultation on off payroll working rules. As we have previously discussed (Global Workplace insider post – June 2018), the reformed off payroll rules which have applied in the public sector since April 2017 will be extended to the private sector from 6 April 2020.  The consultation has raised significant issues … Continue reading

What to expect in 2019

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Contracts, Europe, General, UK
Following a Government-commissioned review of employment working practices in the UK which was published in 2017, a number of developments in employment law reform are expected over the coming months. The Government published its latest proposals in December, covering a number of areas for change, some intended to improve the enforcement of employment rights, some … Continue reading

Decision of the French Supreme Court of 28th November 2018 : Does it spell the doom of the gig economy?

Photo of Laure JoncourBy Laure Joncour on Posted in Europe, France
The term « gig economy » has come into use to describe segmented jobs governed by “apps”. Drivers, riders, cleaners rely on a “digital platform” to be put in contact with clients and their jobs do not seem to fall precisely within the parameters of laws designed to deal with the traditional subordination relationship of employee to … Continue reading

Issues of employment status: pseudo self-employment and hidden personnel leasing in Germany

Global Workplace InsiderBy Pia Popp on Posted in Europe, Germany
German labour law follows the “all or nothing” principle: Labour law regulations presume an existing employment relationship between employer and employee. If no such relationship exists, protective labour law regulations cannot be applied (with a few exceptions e.g. in the case of managing directors of a “GmbH” (limited company)). Assessing whether an employment relationship exists … Continue reading

Issues of employment status in France

Photo of Marie-Thérèse EugénioBy Marie-Thérèse Eugénio on Posted in Europe, France
France makes a distinction between those individuals with an employment status and independent workers. Under French employment law, an employee is defined as an individual who works pursuant to an employment contract (and under the subordination of the employing entity) and receives a salary in return for his or her services. Unlike an employee, a consultant remains … Continue reading

Singapore: Legal issues commonly faced by freelancers and self-employed individuals

Photo of Mathias GohBy Mathias Goh on Posted in Asia Pacific, Singapore
An estimated 8 to 10% of Singapore’s existing workforce comprise freelancers and self-employed individuals.[1]  This percentage is likely to increase with the expansion of the gig and on-demand economy. In recent months, there has been increasing public concern as to the ‘employment’ rights and legal status of these freelancers and self-employed individuals. Are they employees … Continue reading

Absence of work-wages bargain crucial for Fair Work Commission in concluding that an Uber driver was not an employee

Photo of David CrossBy David Cross and Norah Chafardet on Posted in Asia Pacific, Australia
The Fair Work Commission (FWC) recently handed down a decision[1] which concluded that an Uber driver was not an employee for the purposes of the Fair Work Act 2009 (Cth) (FW Act), but an independent contractor, meaning that his unfair dismissal application was dismissed. The decision, the first of its kind in Australia, only increases … Continue reading

Working as a freelancer and as an employee for the same company

Photo of Anja LingscheidBy Anja Lingscheid on Posted in Europe, Germany
In Germany, the distinction between employees and independent contractors (also referred to as freelancers) is particularly important. For example, the question of whether a person is an employee or an independent contractor determines whether they are protected against unfair dismissal and also affects how they are treated for statutory social security and income tax purposes. … Continue reading

ContractorCheck Canada App

Photo of Patrick GaliziaBy Patrick Galizia and Global Workplace Insider Team on Posted in Canada, Contracts
Employee or contractor? The ContractorCheck Canada application (App) is a practical tool developed by the Norton Rose Fulbright employment and labour team. It is designed to help employers accurately determine the status of their workforces and whether they should be considered contractors or employees. Defining employees versus contractors can be sometimes challenging; improperly classifying them … Continue reading

Continuing uncertainty in Australia – is a worker an employee or independent contractor?

Photo of Michelle IsaacBy Michelle Isaac on Posted in Asia Pacific, Australia
The test for determining whether a worker is a contractor or an employee continues to trouble Australian businesses.   This is because there is no single factor which is determinative.  It is necessary to weigh all the relevant factors and consider the totality of the relationship between the parties. However in considering the various factors, a … Continue reading

Employee or independent contractor: too much of a good thing?

Photo of Norlynn Price (US)By Norlynn Price (US) on Posted in General, United States
On July 15, 2015, the United States Department of Labor (DOL) issued a memorandum on “The Application of the Fair Labor Standards Act’s ‘Suffer or Permit’ Standard in the Identification of Employees Who are Misclassified as Independent Contractors.” After clarifying the distinction between an employee and an independent contractor and emphasizing that the Fair Labor … Continue reading

Checks and balances at work: Fifth Circuit reins in U.S. Department of Labor in Fair Labor Standards Act case

Photo of Norlynn Price (US)By Norlynn Price (US) on Posted in United States
On July 2, 2015 the U.S. Court of Appeals for the Fifth Circuit held the U.S. Department of Labor (DOL) liable for an employer’s attorneys’ fees resulting from a bungled and abusive investigation of alleged violations of the Fair Labor Standards Act (FLSA). The facts of the case – Gate Guard Services, L.P. v. Thomas … Continue reading

Take the test! Are your contractors genuinely independent?

Global Workplace InsiderBy Global Workplace Insider Team on Posted in Asia Pacific, Australia
Norton Rose Fulbright’s ContactorCheck provides a preliminary assessment of whether your Australian worker(s) should be characterised as employees or independent contractors. The tool also points out the risks associated with incorrect characterisation. Importance of the issue Independent contractors comprise between 9% and 17% of the Australian workforce. The Australian Bureau of Statistics “Forms of Employment” … Continue reading

Employee or Independent Contractor? DJ Phat Joe’s dilemma

Photo of Karen Ainslie (ZA)By Karen Ainslie (ZA) on Posted in South Africa
Local radio station, Kaya FM recently terminated its contract with controversial DJ Phat Joe (real name Majota Khambule).  It was the beginning of the end of the relationship between the parties when the content manager of the station sent a letter to Khambule, complaining of incidents of “gratuitous smut, sexual innuendo and partisan politicking”, in … Continue reading
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