The district court's opinion denying cross-motions for summary judgment in Bobbitt v. Broadband Interactive, Inc., No. 8:11-cv-2855 (M.D. Fla. Oct. 21, 2013) illustrates how not to structure an independent contractor relationship and how not to lay the groundwork to defend that relationship in the event of litigation.  The case also serves as a warning that even well-conceived independent contractor relationships may be open to question by a court that is inclined to distrust them.

Background

(October 14, 2020) – Littler, the world’s largest employment and labor law practice representing management, has announced a number of leadership changes throughout its various practice and industry groups.

“We congratulate this talented and diverse group of co-chairs,” said Tom Bender and Jeremy Roth, Littler co-managing directors, in a joint statement. “Their deep knowledge and extensive experience in their respective practice areas will continue to enhance the firm’s ability to advise and defend clients on myriad employment and labor law matters across all industries.”

A New York state judge has denied motions to dismiss actor Julia Ormond's claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted her in December 1995 in her Manhattan apartment. In her lawsuit, Ormond alleges that these entities knew about Harvey Weinstein's predatory behavior before he sexually assaulted her in 1995 and failed to protect her. The ruling allows the case to proceed, highlighting the potential scope of liability of these companies.

(November 8, 2023) – Littler, the world’s largest employment and labour law practice representing management, has released its sixth annual European Employer Survey Report. Based on responses from 780 human resources (HR) executives, in-house lawyers and business leaders from across Europe, the report explores the myriad ways in which employers are responding to changes in workplace management, policy and culture.

(January 2, 2024) – Littler, the world’s largest employment and labor law practice representing management, is ringing in the new year with a new shareholder class. The firm elevated 26 attorneys to shareholder across its U.S., Mexico and Singapore offices, effective January 1, 2024.

NEW HAVEN, Conn. (January 4, 2024) – Littler, the world’s largest employment and labor law practice representing management, has appointed Paula Anthony as office managing shareholder (OMS) of the firm’s New Haven, Connecticut office, effective January 1, 2024. Anthony succeeds Lori Alexander who will be stepping down to continue to focus on her full-time litigation and advice practice.

(January 24, 2024) – Littler, the world’s largest employment and labor law practice representing management, has elected five new members to its 2024 board of directors: William Anthony (New York), Kristine Grady Derewicz (Philadelphia), Danielle Herring (Houston), Charlotte Main (Atlanta) and Stephan Swinkels (Amsterdam). Additionally, Michael Wilder has been reelected as board chair.

(March 26, 2024) – Littler, the world’s largest employment and labor law practice representing management, has appointed new leadership for its Bollo affinity group. Shareholders Kimberly N. Dobson (Long Island) and Kimberly J. Duplechain (Washington, D.C.) will serve as co-chairs, succeeding Shareholders Eric Mack (Providence) and LaToi Mayo (Lexington). Bollo provides support, development and networking opportunities for attorneys who identify as Black, African American, African, and Caribbean, and their allies.

NEW YORK (May 28, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added Kelly M. Cardin as a shareholder in its New York City office. Cardin – who joins the firm from Ogletree Deakins, where she was co-chair of the Pay Equity practice group – marks Littler’s fifth shareholder level addition since the beginning of April.

New Additions Follow Arrival of Three Partners in Recent Months

(July 24, 2024) – Littler, the world’s largest employment and labor law practice representing management, has named new office managing shareholders (OMS) in Indianapolis; Denver; Portland, Oregon; San Diego and San Jose.

(August 7, 2024) – Littler, the world’s largest employment and labor law practice representing management, has selected Devjani H. Mishra (Shareholder, New York) and Nicole S. LeFave (Shareholder, Austin) to lead its 'Ohana affinity group and SOAR Program, respectively.

Littler, the world’s largest employment and labour law practice representing management, has released its seventh annual European Employer Survey Report, based on responses from nearly 630 human resources (HR) executives, business leaders, and in-house lawyers from across Europe—57% of whom hold C-suite positions at their organisations.

NEW YORK (October 9, 2024) – Littler attorney Michael Paglialonga testified before the New York City Council’s Committee on Consumer and Worker Protection today on behalf of Littler’s Workplace Policy Institute^® (WPI^®), the firm’s government relations and public policy arm.

Joy C. Rosenquist, Rick Reyes and Blair C. Senesi examine California’s new Freelance Worker Protection Act (FWPA), which aims to provide greater protections to freelance workers.

Wolters Kluwer

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Stacey James and Jamie L. Santos discuss a California amendment that seeks to allow restaurants to support higher wages and benefits while clearly disclosing service fees to consumers upfront.

Wolters Kluwer

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Multinational employers operating in China have been waiting since September 2023 for the Cyberspace Administration of China (CAC) to finalize proposed revisions to its complex and burdensome rules for cross-border data transfers.  Relief arrived on March 22, 2024, when the CAC published the “Provisions on Promoting and Regulating Cross-border Data Flows” (the “Approved Provisions”), which went into effect on the same day.

Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law updates. Some states, like Maryland, have at least a dozen new laws and regulations taking effect this summer, tackling everything from vaping at work to pay discrimination.  Other states have just one, such as the state of West Virginia, which now restrains employers from acting against employees who store firearms in their vehicles on company property.

Zoe M. Argento, Philip L. Gordon, Kwabena A. Appenteng, Orly Henry and Alyssa Daniels discuss the Biometric Amendment, an amendment to the Colorado Privacy Act that requires employers to obtain consent before collecting and using biometric information.

SHRM Online

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Thomas W. Carroll, Matt Freemann, David C. Gartenberg and Billie Jo M. Risheim provide an overview of the significant new laws passed during the 2024 legislative session that affect Colorado employers.

SHRM Online

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Zoe Argento talks about the new compliance requirements for employers under Colorado’s biometric privacy law.

Law Week Colorado

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Zoe Argento says more companies are using tools like artificial intelligence that incorporate biometric identifiers, and so new privacy laws are likely to apply to a larger swath of employers than might think they must comply with them. 

The Sum & Substance

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Philip L. Gordon says a new AI law in Colorado means that any employer doing business in the state with more than 50 employees will have specific obligations when AI is a factor in the decision-making processes that affect personnel.

HR Brew

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Tyler Sims discusses what General Counsel Jennifer Abruzzo’s tough stance on stay or pay could mean for employers.

Law360 Employment Authority

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Alex MacDonald discusses his article “The Accidental Success of the NLRA: How a Law About Unions Achieved Its Goals by Giving Us Fewer Unions” on a podcast.

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Ben Smith says Labour's plans to upgrade workers' rights would create extra red tape for employers. 

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Zoe Argento provides insight into Colorado’s AI law and the risks employers may have if they allow AI tools in the workplace. 

The Sum & Substance

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Jim Paretti says labor and employment attorneys need to look at amicus briefs because they provide good insight into how the EEOC will view certain things.

Law360 Employment Authority

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