Given that the gig economy is a relatively recent phenomenon, the industry has not yet experienced some of the trials and tribulations that more-established business models have survived. Now though, for the first time, gig...more
3/5/2020
/ Anti-Discrimination Policies ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Gig Economy ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Workplace Safety
Over a million Californians have said they want a chance to vote on the misclassification law that threatens to upend the gig economy as we know it – and that means that their wish will soon be granted. Thanks to a...more
3/4/2020
/ ABC Test ,
Ballot Measures ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Relations ,
Misclassification ,
State Labor Laws
Gig economy company Instacart lost the latest round of its misclassification battle in San Diego Monday, as a California state court judge granted a preliminary injunction forcing it to reclassify its independent contractor...more
My colleague Todd Lyon wrote an excellent piece earlier this week about the House of Representatives passing the PRO Act, essentially a “wish list” for labor advocates seeking to tip the scales back towards unions. One of the...more
2/18/2020
/ ABC Test ,
Employee Definition ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Relations ,
Legislative Agendas ,
Misclassification ,
State Labor Laws ,
Unions
A federal court judge today denied a request by several gig economy giants (and a few contractors) to block AB-5, the new misclassification law in California that codifies the ABC test and makes it much more difficult to...more
2/11/2020
/ ABC Test ,
Ballot Measures ,
Contracts Clause ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Relations ,
Misclassification ,
New Legislation ,
State Labor Laws
A gig economy business just prevailed in the first round of a misclassification legal battle worth keeping your eye on. A state court judge in California rejected San Diego’s effort to use the state’s unfair competition law...more
New Jersey businesses will now face an increased slate of potential penalties for misclassification violations thanks to a series of bills just signed into effect by Governor Phil Murphy, but gig economy companies can breathe...more
The federal court that had granted a temporary restraining order on New Year’s Eve blocking California’s misclassification law from taking effect against the trucking industry just extended that ruling by granting a...more
1/17/2020
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
Preemption ,
State Labor Laws ,
TRO ,
Trucking Industry ,
Trucking Regulations
As readers of this blog know, three separate groups have filed lawsuits seeking to block or overturn California’s AB-5, the new law that raises the bar to make it very difficult for businesses to classify workers as...more
1/8/2020
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Motor Carriers ,
Preemption ,
TRO ,
Trucking Industry
The truck drivers were the first group to take aim at AB5 through a lawsuit, and the freelancers followed suit. Soon before the clock strikes midnight to ring in the new year, two giants of the gig economy fired their own...more
The clock is steadily ticking towards midnight on December 31, and once the illuminated cluster of grapes drops from the Temecula Civic Center clock tower (this is actually a thing) and rings in the new year in California,...more
12/27/2019
/ ABC Test ,
Constitutional Challenges ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Journalists ,
Misclassification ,
State Labor Laws ,
Writers
Seattle just joined New York City as one of the few locations in the country to pass minimum wage legislation for ride-share drivers, the city’s latest attempt to regulate the gig economy. Under the “Fair Share” program...more
We’ve written about the “Future of Work” efforts recently undertaken by Congress – a series of hearings aimed at discussing various issues that we can expect to impact workplaces in the near future. And according to a recent...more
We’re now just a few weeks away from the nation’s most stringent independent contractor misclassification law taking effect in California. But if a group of truck drivers have their way, the law will stall out before it ever...more
11/19/2019
/ Commerce Clause ,
Commercial Truck Drivers ,
Drivers ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Federal Labor Laws ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Injunctions ,
Injunctive Relief ,
Misclassification ,
Preemption ,
State Labor Laws ,
Supremacy Clause ,
Trucking Industry
When California’s AB 5 was signed into law last month, a chorus of voices decried the fact that it could radically change the gig economy as we know it. Many contended that the average app-based driver enjoyed being an...more
10/31/2019
/ ABC Test ,
Delivery Drivers ,
Employee Benefits ,
Employee Definition ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Transportation Industry ,
Wage and Hour
Lawmakers have begun to hold a series of hearings to discuss the “future of work,” and it may be no surprise that the two political parties have differing ideas about how that should impact the gig economy. The House...more
10/30/2019
/ ABC Test ,
Employee Benefits ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
OSHA ,
State Labor Laws ,
Wage and Hour
Gig economy businesses across the country looked to what happened in California this year and cringed. Other states looked there and were intrigued. After California passed the most aggressive independent contract statute in...more
A Massachusetts federal court just ruled that gig workers cannot escape arbitration provisions by claiming they are exempt transportation workers. The September 30 decision in Austin v. DoorDash marks the second win for gig...more
10/18/2019
/ Arbitration Agreements ,
Delivery Drivers ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Gig Economy ,
Independent Contractors ,
Interstate Commerce ,
New Prime v Oliveira ,
SCOTUS ,
Transportation Industry
You’ve been waiting quite a long time for a critical ruling from the 9th Circuit Court of Appeals on the very fabric of the gig economy model – and you’re going to have wait even longer. The appeals court just announced late...more
California Governor Gavin Newsom wasted little time by signing AB 5 into law yesterday, and his signing statement should cause quite a few eyebrows to be raised. It was no surprise that he signed the bill into effect; he said...more
9/19/2019
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
NLRA ,
State Labor Laws ,
Unions
A California State Senate leader may have thrown cold water on the idea that we will see a 2019 legislative solution to the misclassification debate that would preserve the gig economy workforce model as we know it, but her...more
With just a one-page, single-paragraph Order, the 9th Circuit Court of Appeals yesterday provided the faintest glimmer of hope for gig economy businesses everywhere – but especially for those in California. The federal...more
In a development many wouldn’t find surprising, a collation of forces announced this week that they would like to see ride-sharing drivers for Uber and Lyft receive a guaranteed base wage, flexible benefits, and a new...more
Earlier this week, the California Assembly overwhelmingly passed AB5 – a measure that would codify the ABC test introduced to the state in last year’s Dynamex decision, and make life even more challenging for the average gig...more
There’s a great story in today’s Bloomberg Law by Genevieve Douglas highlighting the recent trend of states permitting self-employed workers – such as gig economy contractors – to enjoy the fruits of a paid family leave...more