News & Analysis as of

Employer Liability Issues Gig Economy International Labor Laws

Hogan Lovells

Global guide: Independent contractors, potential misclassification issues, and labor implications

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In today's labor market, classifying workers as employees or independent contractors is crucial, especially in diverse legal landscapes like the U.S., the UK, Spain, Germany, Mexico, the Netherlands, Italy and France. ...more

Jones Day

Recent Amendments to Australia's Fair Work Act Impact Whether Independent Contractors Are Deemed "Employees"

Jones Day on

Recent amendments to the Fair Work Act 2009 (Cth) establishing a new "whole-of-relationship test" increase the likelihood that Australian businesses will face claims of "sham contracting" by misclassifying employees as...more

Littler

Ontario, Canada: Digital Platform Workers’ Rights Act, 2022 Coming into Force on July 1, 2025

Littler on

On April 11, 2022, Bill 88, Working for Workers Act, 2022 (Bill 88), received Royal Assent and became law. Among other things, Bill 88 enacted the new Digital Platform Workers’ Rights Act, 2022 (DPWRA).1 The DWPRA did not...more

Stikeman Elliott LLP

Meal Delivery Service’s Mandatory Arbitration Clause for Couriers Unconscionable: Manitoba Court of Appeal

Stikeman Elliott LLP on

The Manitoba Court of Appeal (the “Court”) in Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, recently upheld a lower court decision dismissing a large online meal delivery service’s motion to stay a class...more

Littler

British Columbia Statute on Minimum Employment Standards for App-based Gig Workers Receives Royal Assent, But Relevant Provisions...

Littler on

On November 30, 2023, Bill 48 – 2023: Labour Statutes Amendment Act, 2023 (Bill 48), received Royal Assent from the Government of British Columbia (BC).  Bill 48 is a statute pertaining to minimum employment standards for...more

Stikeman Elliott LLP

The Gig is Up: British Columbia Announces Incoming Employment Standards for App-Based Gig Workers

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The B.C. government has announced its intention to table legislation that will impose minimum employment standards for app-based gig workers, including ride-hailing drivers and food delivery workers, who are typically engaged...more

Ius Laboris

Labour Tribunal rules on gig workers’ status

Ius Laboris on

The Labour Tribunal of Hong Kong has provided welcome guidance on determining the employment status of platform workers, in a case brought by sham-self-employed couriers....more

Littler

Ontario, Canada Appeal Court Finds Independent Contractors Have Duty to Mitigate Damages When Fixed-Term Contract is Terminated...

Littler on

In Monterosso v. Metro Freightliner Hamilton Inc., 2023 ONCA 413, the Ontario Court of Appeal (OCA) found that independent contractors have a duty to mitigate their damages upon the early termination of a fixed-term agreement...more

Littler

Dutch Supreme Court Finds On-Demand Deliverers Are Not Self-employed

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The Dutch Supreme Court has just ruled that Deliveroo meal deliverers are not self-employed, but rather “regular” employees. With this decision the Supreme Court confirms the earlier judgments of the Cantonal Court and the...more

Littler

French Court Finds Gig Platform Workers Are Independent Contractors, Not Employees

Littler on

A recent decision issued in France indicates that whether a gig worker is an independent contractor or employee is a fact-specific inquiry. In this case decided last month, delivery platform Stuart, a subsidiary of the group...more

Hogan Lovells

Vertragsgestaltung im Arbeitsrecht – Einsatz von Freelancern im Rahmen moderner Arbeitsformen

Hogan Lovells on

Ob Crowdwork, Cloudwork, Clickwork oder Gigwork – die modernen Alternativen zur klassischen Festanstellung sind aus der modernen Arbeitswelt nicht mehr wegzudenken. Eine rechtssichere Vertragsgestaltung ist hierbei...more

Stikeman Elliott LLP

Ontario Superior Court Reviews the Factors Applied in Determining Independent / Dependant Contractor Status

Stikeman Elliott LLP on

The rise of "gig" workers (i.e. independent workers paid by task or project) has, in recent years, drawn attention to the issue of the classification of workers as "employees", "independent contractors", or "dependent...more

Stikeman Elliott LLP

More Ontario Updates: Bill 88 Receives Royal Assent, Minimum Wage to Increase October 1, 2022

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On April 11, 2022, the Ontario government’s Bill 88, the Working for Workers Act, 2022 (“Bill 88”), received royal assent. Earlier this year, we wrote about Bill 88 on this blog, when it was still at second reading. In...more

Jones Day

Contract Is King: High Court of Australia Provides Clarity on 'Employee vs Contractor' Test

Jones Day on

On 9 February 2022, the Australian High Court heard two appeals together—Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 ("Personnel") and ZG Operations Australia...more

Littler

Littler Global Guide - Germany - Q4 2021

Littler on

Infection Protection Act Amended - New Legislation Enacted - According to the amendments to the Infection Protection Act, which came into force on November 24, 2021, and apply until March 19, 2022, employers and employees...more

Littler

Littler Global Guide - Switzerland - Q4 2021

Littler on

The High Court of the Canton of Vaude recently decided that the couriers of an online food ordering and delivery service are in fact employees. Very interestingly, the Court concluded that the digital platform leases them out...more

Littler

EU Proposes New Legislation to Protect “Digital Labor Platform” Workers from Status Misclassification

Littler on

Over 28 million people in the EU currently work through digital labor platforms. By 2025, this number is expected to reach 43 million. The rise of digital labor platforms (i.e., what is often referred to as the “gig” or...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - August 2021

This edition summarizes key employment law issues, including new clarifications of employers’ COBRA obligations and restrictions on noncompete agreements. We also discuss New York’s new conditions for background check...more

Epstein Becker & Green

UK Supreme Court Gives Uber Drivers Five Star Rating (and Workers’ Benefits and Entitlements)

Epstein Becker & Green on

On February 19, 2021, in a landmark decision that may have lasting effects on the gig economy, the United Kingdom Supreme Court unanimously ruled that Uber drivers are workers and are not self-employed contractors, and, as...more

McDermott Will & Schulte

UK Supreme Court Confirms That Uber Drivers Have “Worker” Rights

The UK Supreme Court has decided that Uber drivers are “workers” for UK employment law purposes. In reaching that decision, the Supreme Court unanimously upheld the decision of the original Employment Tribunal and agreed...more

Robins Kaplan LLP

Financial Daily Dose 2.19.2021 | Top Story: UK High Court Deems Uber Drivers “Employees”

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Britain’s Supreme Court dealt Uber a blow this morning when it ruled that “drivers must be classified as workers entitled to a minimum wage and vacation time.” The decision—a disaster for Uber in a dispute that reaches back...more

Herbert Smith Freehills Kramer

Plateformes numériques : mettre en place une charte de responsabilité sociale

Depuis une loi du 24 décembre 2019, les plateformes ont la possibilité de mettre en œuvre une charte de responsabilité sociale (Article L. 7342-9 code du travail). Un décret publié le 22 octobre 2020 précise les modalités de...more

Bennett Jones LLP

Foodora Couriers are Eligible to Unionize—Ontario Labour Board Ruling Takes a Byte Out of the Gig Economy

Bennett Jones LLP on

In its February 25, 2020, decision in Canadian Union of Postal Workers v Foodora Inc. d.b.a Foodora, 2020 CanLII 16750 (ON LRB), the Ontario Labour Relations Board (OLRB) found that Foodora Inc. couriers working in Toronto...more

Littler

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

Littler on

Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more

Jackson Lewis P.C.

[Webinar] Employees vs. Independent Contractors: Argentina, Brazil, Canada, Chile, Mexico & U.S.A - June 25th, 11:00 am ET and...

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In this webinar, attorneys will be focusing on understanding the distinction between contractors and employees. This will include the re-characterization of a contractor into an employee as well as from an employee into an...more

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