Do I really need to get a business license in Virginia? Yes! It’s true that a lot of self-employed individuals, particularly those who work from home, never get a state or local Virginia business license.

Can an independent contractor file for unemployment in Virginia?

Freelancers, self-employed workers now eligible for unemployment benefits in Virginia. Under the CARES Act, self-employed workers and independent contractors can apply for temporary unemployment benefits.

Are Uber drivers independent contractors in Virginia?

No courts in Virginia have considered the employee vs. independent contractor analysis in the context of ridesharing companies such as Uber or Lyft. Of the courts in other states to have considered the issue, many have concluded that drivers for ridesharing companies are employees, not independent contractors.

Is Uber liable for their drivers?

Agents are reportedly forbidden by Uber to direct victims’ allegations to law enforcement or encourage victims to seek legal action. Because Uber doesn’t employ its drivers, it is not liable for their actions.

What makes an employee an independent contractor in Virginia?

For each assessment, the presumption will be that a worker who performs a service for an employer for pay will be considered an employee unless the individual or the employer demonstrates he or she is an independent contractor. The Virginia law imposing penalties for employee misclassification won’t be the end of the story.

Do you pay taxes as an employee or independent contractor?

Employee or Independent Contractor? Sometimes an employer will classify workers as contractors instead of employees. In these cases, contract workers are responsible for paying their own payroll taxes, including federal and state income taxes and both the employer and employee portion of Social Security taxes.

What makes a worker an employee in Virginia?

In other words, Virginia law will now deem a worker to be an employee until proven otherwise by the business owner. That presumptive status of the worker as an employee can only be rebutted if the business owner can prove that the worker meets the Internal Revenue Service’s test for an independent contractor.

What is the new labor law in Virginia?

This new law greatly enhances the litigation risk business owners engaged in Virginia commerce will face. The law contains two key elements that represent a real sea change in Virginia’s labor and employment law. First, the law establishes a presumption that a worker is an employee, not an independent contractor.