Dentons’ Global Employment and Labor Group includes over 400 lawyers who regularly represent management in connection with employment and benefits related litigation, arbitration, corporate and governmental investigations, executive compensation and counseling projects. Our employment lawyers are known for providing practical, business-oriented advice. With our global presence and contacts, we are one of only a few firms that can provide multinational businesses with a coordinated solution to all employment and benefits needs.

The employment lawyers at Dentons can assist you with all aspects of your dealings with independent contractors from the inception of the relationship through its resolution. We will represent your organization in any disputes which arise throughout the course of the relationship. How should you utilize independent contractors and comply with employment, tax and benefits laws? When employees have been improperly classified as contractors, how do you convert or sever the relationships and avoid or minimize legal liability? Our wide-ranging employment and benefits expertise enables us to provide advice and representation regarding all aspects of these relationships.

Government agencies in many jurisdictions will audit corporate clients’ use of such independent contractors, attempting to re-classify contractors as employees and thereby obtain additional taxes or apply penalties. Dentons has a highly successful track record in representing clients involved in independent contractor audits and disputes.

Insights

Post-Chevron and Beyond – Administrative Law Resource Center

July 10, 2024

At the end of the Supreme Court’s 2023-24 term, the Court’s conservative majority effected a sea-change in federal administrative law, asserting a stronger role for the courts in the regulatory state and bringing into question the legality and viability of many regulatory programs.

U.S. Supreme Court Overrules Chevron Doctrine – Implications for Employers

July 3, 2024

On June 28, 2024, the United States Supreme Court overruled its landmark 1984 decision in Chevron v. Natural Resources Defense Council, 467 U.S. 837 (creating what is known as the “Chevron Doctrine”), which called for judicial deference to agencies in situations where the law is unclear. Since 1984, the U.S. Supreme Court has relied on Chevron in 70 decisions; federal courts considering administrative authority have cited Chevron over 18,000 times. Specifically in the labor and employment context, agencies such as the U.S. Department of Labor, the Occupational Safety and Health Administration, the Federal Trade Commission, and the Equal Employment Opportunity Commission, have heavily relied on and regularly invoked the Chevron Doctrine. With Chevron overturned, courts moving forward will likely be less willing to defer to administrative agencies and more willing to question agency-driven rules.

Constitutional Court clarifies Labour Court's jurisdiction

June 29, 2024

South Africa: In a recent case, the Constitutional Court considered whether the Labour Court can adjudicate cases challenging the procedures used when employees are laid off for operational reasons. The relevant legislation says that the Labour Court cannot decide on these issues if the case is brought to it in a certain way, specifically after an attempt to resolve the dispute outside court has failed.

View all insights for Employee/Independent Contractor Classification and Disputes