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Dynamex Ripples Continue To Be Felt: 2 Very Recent Developments

It’s impossible to ignore the reverberations that continue to shake the business landscape after the landmark April 30 Dynamex ruling introduced the notorious ABC test to the California gig economy industry. For those living...more

Grubhub Fights Back, Argues That Gig Companies Should Not Be Retroactively Tagged With Misclassification Liability In A...

Now that sports betting has been legalized by the Supreme Court, I might want to consider laying some action on an upcoming game, because I am on fire with my recent predictions. In a blog post from last week, I correctly...more

Shots Fired: First Post-Dynamex Lawsuits Filed Against Gig Companies

The ink on the Dynamex court decision is barely dry, but plaintiffs’ attorneys are not wasting any time in taking advantage of the new misclassification standard established for California businesses. In a pair of lawsuits...more

Will New Misclassification Standard Wipe The Grubhub Trial Victory Off The Books? Plaintiff Takes First Step Under ABC Test

Late Friday afternoon, the attorneys for the worker who came out on the losing end of the Grubhub misclassification trial asked the appeals court to return the case to the lower court for a new hearing. Their reasoning? Last...more

Would These Star Wars Characters Be Contractors Or Employees Under The New “ABC” Test?

May the 4th has become known as Star Wars Day given the movie franchise’s most famous tag line. Today provides an opportunity for us to examine a recent employment law development of massive significance—a great disturbance...more

Spring Is In The Air! But Telling Your Employees You Love Them Could Cost You $5 Million

19th-century British poet Alfred Tennyson once said, “In the Spring, a young man’s fancy lightly turns to thoughts of love.” And while you might hold a certain amount of affection for your employees this time of year and want...more

Misclassification Doomsday in California: State Supreme Court Adopts Notorious “ABC” Test

My colleague Ashton Riley described it as the “contractor apocalypse.” As I said for an interview in the New York Times, “It’s a massive thing – definitely a game-changer that will force everyone to take a fresh look at the...more

Another Misclassification Win For Gig Economy Businesses - Pennsylvania Federal Court Finds UberBLACK Drivers Are Contractors

In another victory for gig economy companies reliant upon the independent contractor business model, a Pennsylvania federal court ruled on April 11th that a collection of UberBLACK drivers were properly classified as...more

Labor Board Poised To Even Playing Field Once Again - John Ring’s Confirmation Gives NLRB 3-2 Republican Majority

With the Senate’s confirmation of John Ring to the National Labor Relations Board on April 11 and the administration’s subsequent announcement on April 12 that he will be designated as the agency’s Chair, the Board is once...more

Appeals Court Says Salary History Can’t Block Equal Pay Act Claims

In a landmark decision that will accelerate the growing pay equity movement, especially for employers on the west coast, the 9th Circuit Court of Appeals today became the latest federal court of appeals to rule that employers...more

You Win Some, You Lose Some: A Review Of Some Recent Misclassification Decisions

At the forefront of mind of every gig economy company is the troublesome question of whether its workers are properly classified as independent contractors. Just search our blog for cases involving “misclassification” and...more

Web Exclusive: Master The Modern Method For Managing March Madness

If you work for a certain large company, at any of its many operations across the country, you have the opportunity to enter to win $1 million dollars each year for life when you fill out a March Madness bracket. To hit the...more

States Ask Congress To Prohibit Arbitration In Sex Harassment Claims

A unanimous block of attorneys general from all 50 states and the District of Columbia, not to mention several U.S. territories, sent a letter to Congress on February 12th asking federal lawmakers to prohibit the use of...more

A Blueprint For Contractor Classification Success, As Taken From The Grubhub Trial Victory

By now, you’ve probably heard the good news: a federal judge yesterday ruled in favor of Grubhub and pronounced that a delivery driver who was challenging the independent contractor classification model was not, in fact, an...more

California Supreme Court Weighing Crucial Gig Economy Misclassification Standard

Early last month, we told you that a critical trial ruling in a gig economy misclassification case could be put on hold because a separate court was mulling whether to loosen the test to make it easier for workers to succeed...more

What A Government Shutdown Would Mean For Employers

If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? A look back at the most recent government shutdown will provide...more

“M,” “F,” Or “X”? Nonbinary Gender Designations In The Workplace

You are probably familiar with the concept of transgender status and, even if you haven’t already addressed such a situation at your workplace, you probably have a rough idea of how you would handle a situation involving an...more

Tax Reform Law Includes Paid Leave, Sexual Harassment Settlement Provisions

The Tax Cuts and Jobs Act (H.R. 1), passed by Congress on December 20 and expected to be signed into law by President Trump in the coming days, contains several provisions that will directly impact employers and workplace...more

Web Exclusive: The Die Hard Survival Guide To This Year’s Office Holiday Party

While you can debate all you want about whether 1988’s Die Hard is a Christmas movie (it is – don’t fight us on this point), you can’t disagree with the fact that the movie depicts one of the all-time most memorable office...more

Bad Break: Oregon Employer Pays Quarter-Million Dollar Wage & Hour Fine

The Oregon state agency charged with enforcing the state’s wage and hour laws has announced the largest civil penalty against an employer in its long history – nearly $277,000. According to the Oregon Bureau of Labor and...more

Radical Candor in the Workplace: How “Being Nice” To Employees May Place You In Legal Jeopardy

Is honesty really the best policy at the workplace? Some employers believe that a few little white lies might help them avoid uncomfortable situations and confrontations. It’s common for some to spare an employee’s feelings...more

Is This The Beginning Of The End Of The NLRB’s War On Employer Rules? - ALJ Rules Broad Confidentiality and Texting Rules Lawful

Employers who have been keeping up with the National Labor Relations Board’s (NLRB) decisions over the past eight years may be pleasantly shocked to learn that an Administrative Law Judge (ALJ) just upheld an employer’s...more

Feds Say Title VII Doesn't Cover Transgender Workers

Attorney General Jeff Sessions formally reversed the federal government’s position on whether transgender workers are covered by Title VII of the Civil Rights Act, informing all U.S. Attorneys and heads of all federal...more

NLRB Fires Shot At Handy, Taking Aim At Gig Economy In General

Josh Eidelson from Bloomberg reported that the National Labor Relations Board (NLRB) issued a complaint against gig economy mainstay Handy earlier this week, alleging that the on-demand workers who provide home cleaning...more

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