For companies doing business with independent contractors on a multistate basis that operate with arbitration provisions in their independent contractor agreements, California has presented a vexing challenge by its Labor Code Private Attorneys General Act of 2004 (“PAGA”), Cal. Lab. Code § 2698 et seq. California’s PAGA empowers an employee (including an individual classified as … Continue reading “U.S. Supreme Court Decision Offers Pathway for Developing Arbitration Provisions that Can Protect Companies Against Having to Litigate in Court any California Labor Code PAGA Claims”
Attached is a copy of this paper that was presented at a meeting of the Maryland State Bar Association on May 31- June 3, 2022. Click here to view the paper.
Employee-based companies that perform project-based work could face significant costs and uncertainty in complying with the U.S. Department of Labor’s Occupational Safety and Health Administration (“DOL’s OSHA”) new Emergency Temporary Standard (“ETS”) to protect employees from the spread of the coronavirus on the job. The ETS applies only to employees. But it creates an additional dimension of … Continue reading “COVID-19 Emergency Temporary Standard Creates Potential Risk and Uncertainty for Employers that Perform Project-Based Work”
Two recent developments would directly affect companies that contract with independent service contractors to provide services to third-party clients.
On September 18, 2019, California’s Governor Gavin Newsom signed into law Assembly Bill 5, which launched California into a grand experiment that restricts an individual’s right to work in that state as an independent contractor.
The Tax Cuts and Jobs Act created a new tax deduction – of up to 20% – for pass-through entities, which include certain independent contractors. The provision, codified as new Internal Revenue Code section 199A, applies for tax years beginning after December 31, 2017, but before January 1, 2026.
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Terms of Use Effective Date: June 6, 2016 Welcome to hollrahllc.com (hereinafter the “site”). We have adopted these Terms of Use to explain how the site is to be used. By using this site, you agree to be bound by these Terms of Use and to only use the site for legal purposes. Information Only … Continue reading “Terms of Use”
At a recent hearing before the U.S. House of Representatives Committee on Small Business, certain Members and witnesses expressed concern that current tax laws are outdated and burdensome to companies in the “sharing economy.”
By Patrick A. Hollrah
State agencies in North Carolina will be permitted to share information and work collaboratively to bring enforcement actions against suspected worker misclassification – in spite of the defeat of proposed legislation, H.B. 482, which would have permitted these activities.