All Independent Contractor Law Posts

DoorDash’s $14.5 Million Lesson: Independent Contractors Can Still Be Covered by L&I

As many of you know, and as we’ve tried to educate any client who will listen, calling workers independent contractors does not necessarily mean that you are not required to pay…Read more
Washington Responds to Increased Immigration Enforcement With New I-9 Requirements for Employers

As you may know, federal law requires employers to complete a Form I-9 for each employee they hire to verify the employee’s identity and authorization to work in the United States.…Read more
How to Respond to Record Requests in Washington L&I and ESD Audits

One of the first things employers notice after receiving an audit notice from the Washington Department of Labor & Industries (L&I) or the Employment Security Department (ESD) is the extensive list…Read more
Q&A With Nigel Avilez: Getting to Know Your Attorney

For a while now, I’ve wanted to share with you a little about my background, how I became a lawyer, and what I do when I’m not working. So for this…Read more
Washington Passes a Near-Total Ban on Noncompetes

As many of you may know, for years noncompete agreements in Washington have been on life support. With each legislative update, lawmakers would narrow these provisions and/or make them harder to…Read more
L&I v. Simmons Clarified the Service Rule — But Left Employers Guessing When the Clock Starts

The Washington Court of Appeals’ decision in Dept. of Labor & Industries v. Simmons, 537 P.3d 701 (Wash. App. 2023) brought much-needed clarity to one issue that had been lingering in…Read more
When AI Supervises Your Contractors: Where Washington Might Draw the Line

As many of you know, artificial intelligence is no longer just a curiosity, or a substitute for Google, or something to amuse yourself during downtime. For many businesses, it’s become part…Read more
When Passing an Audit Can Backfire

Over the years, some of the more common things we hear from business owners who have been through audits sound something like this:

“We went through an audit a few years ago,…Read more
Prioritizing Compliance in 2026 Can Be a Million-Dollar Move: A Practical Checklist to Start the Year

We recently represented a business in an appeal of a government agency assessment exceeding $1 million. By the end of the process, the assessment was reduced to $0. While we’re proud…Read more
Attorney General’s Office Creates New Workers’ Rights Enforcement Unit

Washington State Attorney General last month announced the creation of a new Workers’ Rights Unit that will collaborate with the Department of Labor & Industries (L&I) and Seattle’s Office of Labor…Read more
When Providing an Online Platform for Independent Contractors to Provide Services Does Not Make You Their Employer

More and more, businesses are using apps and websites to provide a platform to connect independent contractors with customers who need their services. Historically, it has been assumed that the business…Read more
The True Costs of Hiring Employees vs. Independent Contractors

When deciding whether to hire employees or independent contractors, many businesses focus primarily on cost. While hiring independent contractors may appear more economical at first glance, the full financial picture is…Read more
Key Considerations for Converting Contractors to Employees

Over the years, we’ve had clients who started their businesses based on an independent contractor model, and as their businesses evolved, they found that they needed to switch over to an…Read more
Seattle Forces Uber Eats to Pay $15 Million to 16,000 Contractors for Violations of Independent Contractor Protection Ordinances

The City of Seattle recently concluded its first investigations under its independent contractor protection ordinances, resulting in Uber Eats being fined an unprecedented $15 million for pay violations impacting 16,000 independent…Read more
Retirement Plan Options for Employees and Independent Contractors

Many of you have probably considered setting up retirement plan options for your business, but you have not yet done so because you’ve assumed it’s too complicated, costs too much, or…Read more
Direction/Control is a Silly Way to Tell if Somebody is an Independent Contractor…And Some Other Thoughts

Over the years, we’ve been able to closely study the independent contractor classification, and how Washington and other states have attempted to manage/regulate the classification to ensure businesses are not taking…Read more
Do you Have an Obligation to Verify That an Independent Contractor is Authorized to Work in the US?

As many of you know, Washington employers have an obligation to verify that employees are authorized to work in the United States. This includes completing Form I-9 Employment Eligibility Verification for…Read more
When Your Contract with a Higher-Tier Contractor Puts You at Risk

An unfortunate reality with independent contractor law compliance is that compliance is not solely dependent on what you do. Rather, a significant part of compliance depends on what independent contractors and…Read more
What Type of Auditor is Your Auditor?

Over the years, we’ve worked with many different auditors in L&I and ESD audits, and it’s gotten to where we can fairly accurately predict the type of audit a client is…Read more
How to Respond to Record Requests in an L&I or ESD Audit

One of the more stress-inducing aspects of an L&I Audit or ESD Audit is the list of records you’re asked to provide. The checklist of requested records is often viewed as…Read more
ESD Audits vs. L&I Audits — How do They Compare?

Over the years, we’ve represented clients in hundreds of audits and appeals before the Washington State Employment Security Department (“ESD”) and Washington State Department of Labor & Industries (“L&I”). While it…Read more
Independent Contractor Injured on the Job? It Gets Complicated, and Messy!

When an employee is injured on the job, what follows is fairly straightforward. The employee will seek treatment and file a workers’ compensation claim with L&I. This will usually result in…Read more
Reminder to File Your Beneficial Ownership Information Report

Under the Corporate Transparency Act, most business owners must file a Beneficial Ownership Information Report (BOIR). This report is due by January 1, 2025.

Below is a summary of…Read more
Things to Consider When Appealing an L&I Audit Decision (Parts 1-4)

So you’ve received an L&I Audit Assessment, and you’re trying to determine: if you should appeal; whether the amount is even worth appealing; whether you need an attorney to appeal; and…Read more