News & Analysis as of

Gig Economy

Littler

DOL Reinstates Virtual Marketplace Platform Opinion Letter Signaling Return to Relaxed Independent Contractor Test and Acceptance...

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In recent months, the Department of Labor (DOL) has seen an overhaul of its agency leadership. First, President Trump appointed Secretary of Labor Lori Chavez-DeRemer and Deputy Secretary Keith Sonderling, and more recently,...more

Seyfarth Shaw LLP

New Jersey Eyes Regulatory Changes to Strengthen its Statutory ABC Test and Prevent Employee Misclassification

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On April 3, 2025, the New Jersey Department of Labor and Workforce Development (“DOL”) filed proposed new rules codifying its interpretation of the statutory ABC test to determine whether an individual is considered an...more

Troutman Pepper Locke

Republican-Backed Congressional Proposal in Congress Seeks to Allow Companies to Offer Benefits to Independent Contractors: April...

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Last month, the most significant legal development in the area of independent contractor (IC) compliance and misclassification was on Capitol Hill. Bill Cassidy of Louisiana, a Senate Republican who chairs the Senate Health,...more

FordHarrison

U.S. Department of Labor Announces It Will No Longer Enforce 2024 Independent Contractor Rule

FordHarrison on

On May 1, 2025, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin confirming that it will no longer enforce a 2024 Biden-era independent contractor rule. The 2024 rule defined “independent contractor”...more

Nelson Mullins Riley & Scarborough LLP

Department of Labor Plans to Rescind Biden’s Gig Worker Rule Making It Easier for Companies to Use Independent Contractors

On May 1, 2025, the Department of Labor’s (DOL) Wage and Hour Division announced that it will no longer enforce a Biden-era labor rule that aimed to reclassify gig workers as employees rather than independent contractors....more

Troutman Pepper Locke

Trump Administration Reissues 2019 Opinion Letter on Independent Contractors and Virtual Marketplace Companies

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The U.S. Department of Labor re-issued an Opinion Letter on the issue of independent contractor (IC) status of an on-demand virtual marketplace company (VMC) that refers end-market consumers to service providers who offer...more

Fisher Phillips

DOL Easing Up on Independent Contractor Misclassification Enforcement: 3 Key Points on This Big Win for Businesses

Fisher Phillips on

Businesses that rely on freelancers or the “gig economy” have cause for optimism now that the Department of Labor just announced it will no longer enforce a Biden-era final rule that made it harder to classify workers as...more

Troutman Pepper Locke

Garden State May Soon Become Even Less Hospitable to Independent Contractors ‎Than the Golden State

Troutman Pepper Locke on

The New Jersey Department of Labor and Industry (the Department) announced on April 28, 2025, that it was filing a notice of a proposed regulation addressing the test for independent contractor (IC) status under New Jersey...more

Fisher Phillips

México se une a la tendencia global para proteger a los trabajadores de plataformas digitales: 7 consejos de cumplimiento para...

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Em importante que las empresas que operan en México se mantengan informados sobre cambios sustanciales a la Ley Federal del Trabajo dirigidos a proteger a los trabajadores de plataformas digitales. El Congreso mexicano...more

Fisher Phillips

Mexico Joins Growing Trend to Protect Digital Platform Workers: 7 Compliance Tips for Gig Economy Businesses

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Businesses operating in Mexico should be aware of substantial changes to the Federal Labor Law aimed at protecting digital platform workers. Specifically, the National Congress of Mexico enacted a decree in December 2024...more

Hanson Bridgett

Is the Unionization of Uber and Lyft Drivers On California’s Horizon?

Hanson Bridgett on

On April 10, 2025, California legislators introduced Assembly Bill 1340, also known as the Transportation Network Company Drivers Labor Relations Act, which would afford drivers of app-based transportation companies such as...more

Fisher Phillips

New EU Platform Work Directive Impacts Freelancers and Gig Economy: Here’s What Businesses Need to Know

Fisher Phillips on

The European Union took a big step last year towards regulating digital labor platforms – and member states will need to adopt the new directive before the end of 2026. The directive seeks to curb worker misclassification,...more

Troutman Pepper Locke

The Legal Landscape of Independent Contractor Misclassification May Be About to Change: March 2025 IC Legal News Update

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The most significant development last month in the law of independent contractors was not one of the four cases we summarize below but rather a bill passed by the New York Senate. ...more

Morgan Lewis

Expansion of the UK Illegal Working Regime: New Requirements for Right to Work Checks

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The UK government has announced plans to implement significant changes to the illegal working regime that would extend the requirement for right to work checks to businesses hiring gig economy and zero-hour workers. This move...more

Seyfarth Shaw LLP

Not Fooling Around: Critical New York State Legislative Updates for Employers as April Begins

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During the first quarter of 2025, the New York State legislature and Governor Kathy Hochul have been actively advancing several initiatives that – if passed and signed – will require New York employers to adapt their policies...more

Foley & Lardner LLP

From the Pickup Line to the Picket Line: What Employers Need to Know About the Gig Economy Labor Movement

Foley & Lardner LLP on

The gig economy has emerged as a defining aspect of the modern workforce, transforming how people work, earn, and engage with employers. Unlike traditional full-time jobs, gig workers benefit from significant flexibility....more

Littler

Nebraska Enacts Marketplace Network Platform Statute

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On March 11, 2025, Nebraska passed a marketplace network platform statute that deems workers who use a marketplace network platform independent contractors under the state unemployment statute if certain conditions are met....more

Cozen O'Connor

Cozen Cities - March 19, 2025

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CHICAGO—City Incentives Aim to Attract Data Centers - Chicago is positioning itself to capitalize on the data center boom, with the City Council adopting an ordinance offering incentives for developers to store municipal...more

BCLP

HK Court Rules That Gig Delivery Driver Was Not an Employee

BCLP on

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

Harris Beach Murtha PLLC

Federal Trade Commission Forms Task Force to Address Labor Market Conduct

On February 26, 2025, Andrew N. Ferguson, the newly appointed Chair of the Federal Trade Commission (FTC), issued a memorandum outlining the agency’s populist agenda and directing the formation of a “Joint Labor Task Force”...more

Wiley Rein LLP

FTC Announces New Labor Market Task Force and Prioritizes Worker Protections

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On February 26, 2025, Federal Trade Commission (FTC) Chairman Andrew Ferguson issued a memorandum directing the FTC to form a Joint Labor Task Force to prioritize efforts to combat deceptive, unfair, and anti-competitive...more

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

Alabama Eyes Portable Benefits for Freelancers and Gig Workers

Certain states have considered enacting legislation facilitating the creation of portable benefit accounts for independent contractors, including gig economy workers. These accounts attach to the individual worker rather than...more

Troutman Pepper Locke

Federal Government’s Ping Pong Match on Independent Contractor Rule Is Distraction From Enhancing IC Compliance: January 2025 IC...

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Few federal regulations over the past five years have produced more needless concern by stakeholders than the independent contractor rules under the federal Fair Labor Standards Act (FLSA) issued by the different...more

McDermott Will & Emery

Unpacking the Biden Administration’s Last-Minute Antitrust Worker Protections

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In the final week of the Biden administration, the antitrust enforcement agencies – the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) – released two policies potentially impacting labor markets. The...more

King & Spalding

January Employment Law Update: Sounds Like Harassment?

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Happy New Year! In our first monthly alert for 2025, we report on whether comments on an employee’s accent are unlawful harassment, on ‘gig economy’ worker rights – plus guidance on employers’ duties to prevent sexual...more

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