According to a recently released study by American Express and Institutional Investor, we can expect to see a slight increase in the use of freelancers and contract workers in the year ahead. “After a strong 2017, economies...more
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
4/13/2018
/ Class Action ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Misclassification ,
Ridesharing ,
Right to Control ,
Uber ,
Wage and Hour
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
3/23/2018
/ 1099s ,
ABC Test ,
Appeals ,
Corporate Counsel ,
Delivery Drivers ,
Economic Realities Test ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Right to Control ,
W-2
We knew we hadn’t heard the end of this case, but yesterday it’s official: the worker who lost what is believed to be the nation’s first-ever gig economy misclassification trial last month has filed an appeal with the 9th...more
Imagine one of your worst corporate nightmares comes true: a government body has determined that you have misclassified your workers, and they should be considered employees and not contractors. The ramifications could be...more
According to a report in today’s Washington Examiner, we may be on the verge of getting some hard data that would show just exactly how big the gig economy really is. Reporter Sean Higgins says that the Bureau of Labor...more
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
In what is believed to be the first time in our nation’s history that a trial court has reached a judicial merits determination in a gig economy misclassification case, a federal judge in California ruled in favor of the...more
2/9/2018
/ Class Action ,
Corporate Counsel ,
Delivery Drivers ,
Employees ,
Freelance Workers ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Misclassification ,
Private Attorneys General Act (PAGA) ,
Right to Control
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
The 9th Circuit Court of Appeals heard argument today over a proposal that would permit ride-sharing drivers who work for companies such as Uber and Lyft to organize and form unions. Given what could be at stake—the potential...more
2/7/2018
/ Appeals ,
Chamber of Commerce ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Local Ordinance ,
Lyft ,
Oral Argument ,
Preliminary Injunctions ,
Ridesharing ,
State Action Doctrine ,
Uber ,
Union Organizers ,
Unions
Last week was a big week when it comes to shining the spotlight on sexual harassment in the gig economy arena. On Thursday, Nathan Heller wrote a piece for the New Yorker that garnered a lot of attention entitled, “The Gig...more
A state appellate court in Pennsylvania issued a ruling yesterday that should further aid the growth of the gig economy in the state, and if its reasoning is followed by courts in other states, could offer another helping...more
Among my list of “must-read” workplace law summaries is the weekly “Punching In” column put out by Chris Opfer and Ben Penn over at Bloomberg Law’s Labor and Employment Blog every Monday morning. This week’s edition contains...more
1/9/2018
/ Association Health Plans ,
Department of Labor (DOL) ,
Employee Benefits ,
Entrepreneurs ,
Freelance Workers ,
Gig Economy ,
Health Insurance ,
Income Taxes ,
Independent Contractors ,
Small Business ,
Tax Cuts and Jobs Act ,
Tax Rates ,
Tax Reform
The first few days of 2018 might not be going to plan for those gig economy businesses hoping that the new year might bring some relief in the seemingly never-ending misclassification struggle. As we sit on pins and needles...more
We recently ran an article about some major developments that will impact all employers as a result of the recently passed tax reform bill. But now you might be asking what specific changes might be in store for gig economy...more
By most objective measurements, the Labor Department’s December 4 jobs report was solid. CNN Money reported that employers added 228,000 jobs in November, while the unemployment rate remained at a 17-year low of 4.1%....more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. November was no...more
12/7/2017
/ Affordable Care Act ,
Appeals ,
Attorney General ,
Decriminalization of Marijuana ,
Electronic Filing ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Failed Legislation ,
Fair Workweek ,
Federal Labor Laws ,
Filing Deadlines ,
Fines ,
Gender Discrimination ,
Gig Economy ,
Harassment ,
Independent Contractors ,
IRS ,
Joint Employers ,
LGBTQ ,
Marijuana ,
Misclassification ,
Paid Leave ,
Proposed Legislation ,
Proposed Rules ,
Rest and Meal Break ,
Salary/Wage History ,
SCOTUS ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Tax Penalties ,
Title VII ,
Uber ,
UK ,
Wage and Hour ,
Work Schedules ,
Workplace Illness and Injury Reporting
Bad news out of Washington, D.C. late yesterday. Chris Opfer of Bloomberg BNA reports that the current version of the Senate tax reform bill, released yesterday, no longer includes the protection that had initially been...more
While misclassification battles over the status of gig economy workers rage here in the United States, we are by no means the only country grappling with these thorny 21st-century legal issues. On Novemeber 10th, in fact, an...more
11/13/2017
/ Appeals ,
Employee Benefits ,
Gig Economy ,
Holiday Pay ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Ridesharing ,
Uber ,
UK ,
UK Employment Appeal Tribunal
Reports out of Washington, D.C. indicate that gig economy businesses could be in for an end-of-the-year treat in the form of game-changing legislation. Chris Opfer and Tyrone Richardson of Bloomberg BNA report that Senate...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more
11/3/2017
/ Administrative Law Judge (ALJ) ,
Affordable Care Act ,
Appeals ,
Ban the Box ,
Civil Rights Act ,
Corporate Counsel ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Training ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Governor Brown ,
GrubHub ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Independent Contractors ,
Misclassification ,
New Rules ,
NLRB ,
OFCCP ,
Over-Time ,
Parental Leave ,
Preventive Health Care ,
Proposed Rules ,
Restraining Orders ,
Retaliation ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
State Labor Laws ,
State Legislatures ,
Tip-Pooling ,
Title VII ,
Transgender ,
Travel Ban ,
Trump Administration ,
Wage and Hour ,
Whistleblowers
After a five-hour closing argument session in a California federal court on Monday, the gig economy is waiting with baited breath and trying to hazard their best guesses about how the judge will rule in the high-stakes Lawson...more
The parties in the Grubhub misclassification case are back in court on Monday, October 30, delivering their final closing arguments to the judge. We’ve written about the trial extensively. To sum it up, though: a former...more
10/27/2017
/ Class Action ,
Delivery Drivers ,
Full-Time Employees ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Misclassification ,
Mobile Apps ,
Part-Time Employees ,
Payment Systems ,
Right to Control ,
Skilled Laborers ,
Supervision ,
Unconscionable Contracts
A terrible horde of mindless creatures takes over civilization, rendering our world virtually unrecognizable and changing everything about it. There’s nothing you can do to stop them. Every day, more and more of them appear....more
The 9th Circuit Court of Appeals recently placed a temporary halt on the ongoing misclassification litigation against Uber, pointing out that it would make sense to wait for a key Supreme Court decision before proceeding...more
10/10/2017
/ Appeals ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
Oral Argument ,
Ridesharing ,
Uber