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Employment Contract Misclassification Employment Litigation

BCLP

HK Court Rules That Gig Delivery Driver Was Not an Employee

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With the continued prevalence of the “gig economy”, a common question that arises is whether “gig workers” are employees or independent contractors of the digital platform. ...more

Whiteford

The Crucial Role of Labor and Employment Law Due Diligence in IPO Success

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As private equity leaders and their in-house counsel gear up for the anticipated surge in IPOs in 2025, the importance of thorough labor and employment law due diligence cannot be overstated. With the IPO market poised for a...more

ArentFox Schiff

Arzate v. ACE American Insurance Company: Employer Not Required to Initiate Arbitration in Defense of Itself

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On June 18, 2021, a group of ACE American Insurance Company employees filed a class action suit alleging that ACE misclassified them as exempt employees....more

Vedder Price

Federal District Court Says Class and Collective Action Waiver Survives Unenforceable Arbitration Agreement

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On February 12, 2025, the U.S. District Court for the District of Oregon issued an important decision in Porteous v. Flowers Foods, Inc. regarding the enforceability of class and collective action waivers contained in...more

Fisher Phillips

Labor Department to Crack Down on These 7 Workplace Contract Provisions

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The Labor Department’s top lawyer announced on Tuesday that the agency would target seven specific employment-related contract provisions that she believes could discourage workers from exercising their rights under federal...more

Miller & Martin PLLC

The Top 5 Most Common Wage and Hour Law Mistakes New Businesses Make

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Adding personnel is typically a good indicator of growth for a new or emerging business. However, despite good intentions or attempts to achieve greater efficiency, many new businesses make common mistakes like the ones...more

Littler

Savings Clause Results in Oregon Supreme Court Affirming Enforceability of Arbitration Provision

Littler on

On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration.  The court concluded that...more

CDF Labor Law LLP

Unpublished California Opinion Did Not Authorize Arbitration Over Threshold Issue of Independent Contractor or Employee in a PAGA...

CDF Labor Law LLP on

A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action.  Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent...more

Jones Day

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

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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

Fisher Phillips

The Top 17 Workplace Law Stories from February 2022

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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 for the past few years—and this past month...more

Fisher Phillips

The Top 18 Workplace Law Stories from August 2021

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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 for the past few years—and this past month...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Appeals Court Affirms Employer’s Ability to Compel Arbitration in Massachusetts

Mandatory arbitration clauses for employment disputes have received a great deal of attention in recent years. In the First Circuit, there is now more clarity regarding the factors used to determine the enforceability of...more

Bradley Arant Boult Cummings LLP

Lexology Employment Guide: Mississippi

Bradley attorneys have partnered with Lexology to draft the Getting the Deal Through Employment chapter for Mississippi. This guide covers a state snapshot, the employment relationship, hiring, wage and hour,...more

Bradley Arant Boult Cummings LLP

Lexology Employment Guide: Alabama

Bradley attorneys have partnered with Lexology to draft the Getting the Deal Through Employment chapter for Alabama. This guide covers a state snapshot, the employment relationship, hiring, wage and hour, discrimination,...more

Latham & Watkins LLP

L’arrêt « Uber » : nouveau coup dur pour les plateformes

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Dans un arrêt du 4 mars 2020 (n° 19-13.316), voué à une large publication, la Cour de cassation reconnaît le statut de salarié à un chauffeur Uber. Un peu plus d’un an après l’arrêt Take Eat Easy (Cass. soc. 28 novembre...more

Partridge Snow & Hahn LLP

Engaging Independent Contractors in the Gig Economy: 3 Things for Employers to Know

With more and more individuals taking on the so-called “side hustle” of driving for Uber or even entirely leaving the traditional 9 to 5 work life and opting to make the “gig economy” work as their full time occupation,...more

Littler

The Seventh Circuit Rules on Whether to Send Notice in FLSA Collective Actions to Individuals with Arbitration Agreements

Littler on

On January 24, 2020, the Seventh Circuit Court of Appeals became the second federal appellate court to address whether notice of a collective action under the Fair Labor Standards Act (FLSA) may be sent to individuals who...more

Fisher Phillips

Web Exclusive: January 2020: The Top 14 Labor And Employment Law Stories

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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 for the past few years—and this past month...more

Morgan Lewis

Seventh Circuit: No FLSA Collective Action Notice For Workers Subject To Individual Arbitration Agreements

Morgan Lewis on

In Bigger v. Facebook, Inc., the US Court of Appeals for the Seventh Circuit held that courts should not authorize notice of a pending Fair Labor Standards Act (FLSA) collective action to individuals who have already entered...more

Cozen O'Connor

Employment Law Now: IV-51 - A New 2020 Vision

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In this first new episode of 2020 (Season 4), we look at the 15 hot topics your company should have on your list to think about....more

Vedder Price

2020 California Employment Law Roundup

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As 2019 draws to a close, employers in California have a busy new year ahead of them with expanded legal obligations, including significant new legislation regarding independent contractor status and mandatory arbitration...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2019

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Verrill

Five Employment Law Traps For CFOs Tasked with HR Oversight

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Overseeing human resources -- a hat that many CFOs wear -- may mean having to make crucial decisions about hiring and policy, performance management and discipline, and employee terminations. Such decisions may affect HR...more

Fisher Phillips

March 2019: The Top 14 Labor And Employment Law Stories

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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 for the past few years—and this past month...more

Fisher Phillips

Looking Ahead – California Legislature to Address Dynamex and a Host of New Employment Proposals

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February 22 was the last day to introduce new legislative proposals for the 2019 California legislative year. A whopping 2,576 bill were introduced before the deadline, making for an extremely busy legislative year ahead....more

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