The Burr Broadcast: New Independent Contractor Rule
DE Under 3: US DOL's WHD Published Its “Employee or Independent Contractor” Classification Final Rule
#WorkforceWednesday: NLRB Outlook, NY Whistleblower Protections Take Effect, DOJ to Focus on Cyber-Fraud - Employment Law This Week®
Labor & Employment Podcast Series, Biden’s First 100 Days: A Check-In for Employers.
How are Your Company’s Taxes Impacted by the New U.S. DOL Rule on Independent Contractors?
On-Demand Webinar | Legislative Updates for Employers to Plan for a Successful (and Compliant) 2021
Employment Law Now IV-82- A Roundtable on the Impact of a President Biden on Labor and Employment Law
#WorkforceWednesday: CA Passes Proposition 22, New Marijuana Laws, New Administration’s Impact on Your Business - Employment Law This Week®
Discussing California’s AB 5: Considerations for Employers
The Gig Economy and You
Employment Law This Week®: Recalibrating Federal Agencies, Marijuana Legalization, the Changing Nature of Work - Monthly Rundown
Employment Law This Week®: Gig Worker Classification, NLRB Rulemaking Agenda, Non-Compete Agreement Backlash
DOL Says Some Gig Workers Are Not Employees - Employment Law This Week® - Trending News
CONVERGE18-Preview Podcasts-David Bunker on COIs in the Gig Economy
II-25 – Top 10 New Year’s Resolutions for Employers in 2018
Episode 13: NYC's New Freelancer Protection Law And The Future Of The On-Demand Economy
The following comments were submitted by Richard J. Reibstein, the publisher of this legal blog, critiquing the proposed regulation of the New Jersey Department of Labor and Industry (the Department) regarding the so-called...more
In a refreshing break for business in the Bay State, two recent appellate court decisions have confirmed that legitimate independent contractor relationships are alive and well in Massachusetts. Those decisions are Patel, et...more
Pennsylvania is cracking down on misclassification of workers, and the costs to employers could be steep. Pennsylvania is placing an emphasis on employee classification. Recent investigations into misclassification have...more
In this episode of The Burr Broadcast, Chandler Aragona explains the new Independent Contractor rule that goes into effect on March 11, 2024. ...more
Remarkably, Mr. Foxworthy’s name comes up frequently when talking about whether workers have been properly classified as independent contractors. Not because there is anything funny about that issue; there isn’t. And not...more
On Tuesday, June 13, 2023, the National Labor Relations Board (NLRB or the “Board”) issued a decision that effectively increases the number of workers who are considered employees rather than independent contractors under the...more
Three of the five court cases of note in this monthly update involve California’s Assembly Bill 5, which has exponentially increased litigation involving independent contractor misclassification in that state. That...more
Interested parties now have until December 13, 2022, to provide comments to the DOL’s proposed rule to codify a six-factor, economic reality test to determine who is an “independent contractor” under the Fair Labor Standards...more
This week, the Ninth Circuit grapples with a challenge to California’s law for classifying workers as a content-based regulation of speech. The Court holds that plaintiffs’ First Amendment challenge to California’s...more
The U.S. Department of Labor yesterday announced a Proposed Rule on the test to determine whether a worker should be classified as an employee or an independent contractor under the Fair Labor Standards Act. The DOL will...more
Earlier today, the Biden Administration’s Labor Department issued a proposed regulation that seeks to define the worker classification test for independent contractor or employee status under the Fair Labor Standards Act...more
The saga continues for companies that rely on a gig economy business model as the federal government just challenged a court order that recently restored a Trump-era rule that makes it easier to classify workers as...more
On March 17, Rover—a digital application connecting pet owners with daily pet-care providers—argued to the Ninth Circuit that it should uphold a California federal judge’s finding that a dog-sitter was properly classified as...more
Massachusetts is one of handful of states to have adopted the stringent “ABC” test for determining whether a worker is an independent contractor or employee. That has made it one of the most fertile battlegrounds over this...more
The first three cases reported below regarding legal developments in August 2021 have four common denominators: the defendants are all large gig economy companies; plaintiffs’ class action counsel is the same; the lawsuits...more
On May 6, 2021, the United States Department of Labor (DOL) withdrew proposed rules set by the Trump Administration, which were originally intended to revise the test for classifying workers as independent contractors at the...more
The Ninth Circuit Court of Appeals, in California Trucking Association v. Bonta, has reversed the preliminary injunction staying enforcement of AB 5 (now Labor Code § 2775). ...more
In a rare victory for employers, a California Court of Appeal in Wilson v. The La Jolla Group, 2021 WL 940283 (3/12/2021) affirmed the trial court’s denial of class certification of independent contractors’ wage and hour...more
Employers grappling with independent-contractor classification had a busy 2020—and should expect a flurry of additional activity this year. Few areas in employment law are changing as rapidly. Last year, many concerned about...more
Q: Does the “ABC test” for independent contractor status in the state of California apply retroactively? ...more
Employers may be disappointed to learn that the Department of Labor’s recently issued rule clarifying the definition of “independent contractor” will likely no longer go into effect on March 8th, 2021. On January 20th, the...more
Last November, California voters convincingly (almost 60% supporting) enacted Proposition 22. This Proposition was a well-funded effort that allows gig drivers working for companies like Uber, Lyft and Doordash to avoid the...more
On February 4, 2021, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act. Introduction was expected, as President Biden pledged to be “the strongest labor president you have ever had” during...more
On November 3, 2020, California voters approved Proposition 22, a ballot initiative defining app-based transportation and delivery drivers as independent contractors and adopting specific labor and wage policies for these...more
AB 685: Labor Code §§ 6325, 6432 (amended, repealed, and added); id. § 6409.6 (added and repealed) As of January 1, 2021, employers must comply with certain notification and reporting requirements relating to potential...more