News & Analysis as of

Proposed Legislation Misclassification Employee Definition

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Fisher Phillips

New Congressional Bill Would Create Hybrid Job Classification for Gig Workers – But is Already Facing Stiff Opposition

Fisher Phillips on

Answering industry calls for a 21st-century solution to a 21st-century problem, a bipartisan group of federal lawmakers recently introduced a bill in Congress that would create a hybrid job classification for gig economy...more

CDF Labor Law LLP

A Creative Compromise to Address Worker Flexibility and Basic Workplace Protection: The Bipartisan Worker Flexibility and Choice...

CDF Labor Law LLP on

Thanks to powerful lobbying, last week the House of Representatives introduced a new bipartisan bill, the Worker Flexibility and Choice Act (the “Act”). This bill provides for a new classification of workers in between...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

Epstein Becker & Green

Two Recent Efforts, from Different Political Directions, to Adapt the FLSA to the 21st Century

Epstein Becker & Green on

Over the past six months, Congress has made two notable attempts to amend the Fair Labor Standards Act of 1938 (the “FLSA”). In July, U.S. Representative Elise Stefanik (R-NY) introduced The Modern Worker Empowerment Act...more

Epstein Becker & Green

Employment Law This Week®: DOL Enforcement Records, CSAL Supplement, AI Technology, NJ’s Gig-Worker Bill - Monthly Rundown

Epstein Becker & Green on

This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into December 2019. The episode includes: 1. Federal Agencies Hit New Enforcement Records The Department of...more

Fisher Phillips

New Jersey May Not Go Down Same Road As California With Gig Worker Proposal

Fisher Phillips on

Things were starting to get dicey in the Garden State as the legislature debated a California-like proposal that would have caused serious problems for gig economy companies and other businesses utilizing contract labor. But...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Bill Would Codify a Stricter Version of ABC Test for Determining Independent Contractor Status

On November 7th a bill was introduced in the New Jersey legislature that would, like California’s AB 5..., codify a stricter version of the ABC test for determining independent contractor classification. The bill, S4204...,...more

Ervin Cohen & Jessup LLP

AB 5: When Legislators and Lobbyists Collide

What happens when legislative efforts are met with focused pressure from a variety of industries, civic groups and professional lobbyists? Witness pending Assembly Bill 5, a hopelessly confusing mixture rules and exceptions...more

Littler

California Legislature Moves Forward with Bill to Redefine Independent Contractor Relationships

Littler on

On July 10, 2019, the California Senate Labor, Public Employment, and Retirement Committee (Committee) advanced a proposed legislative response to the California Supreme Court's opinion in Dynamex v. Superior Court, which...more

Stokes Wagner

California Likely to Codify Dynamex in New Bill Ab-5

Stokes Wagner on

On April 30, 2018, the California courts rocked the State’s labor and employment landscape with the decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (“Dynamex”). The court’s decision changed the way...more

Snell & Wilmer

Dynamex Impact on California Businesses – Revisiting Dynamex One Year Later

Snell & Wilmer on

It has been more than a year since the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, setting forth a new test for determining whether a worker is...more

Fisher Phillips

Could Congress Soon Swoop In To Aid The Gig Economy?

Fisher Phillips on

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

Fisher Phillips

Could A Proposed Federal Law Solve The Misclassification Riddle?

Fisher Phillips on

For years, businesses have struggled with properly identifying workers as either independent contractors or W-2 employees. The hundreds of thousands of jobs created by the gig economy have complicated matters even further....more

Littler

Federal Bill Seeks to Create Portable Benefits for Gig Economy Workers

Littler on

Senator Mark Warner (D-VA), a lawmaker known for closely monitoring the changing nature of work, has introduced in the Senate legislation to promote innovative ways to offer portable benefits to workers in the on-demand...more

Troutman Pepper Locke

What the First-Ever Bill Promoting Portable Benefits for Independent Contractors Does – And Does Not Do

Troutman Pepper Locke on

Independent contractors and other contingent workers are not currently eligible for workers’ compensation, disability benefits, health insurance coverage, and pension benefits under federal and most state laws. This may well...more

Rumberger | Kirk

UberSuccessful Digital Business Model May Crash If Florida Court Classifies Drivers as Employees

Rumberger | Kirk on

It’s no secret that the multi-billion dollar gig-economy app company has faced its share of speed bumps, roadblocks, and controversies the last several years. As a result of issues with local regulatory traffic laws, rider...more

Downs Rachlin Martin PLLC

News from the Vermont State House - An analysis from DRM's Government & Public Affairs Team - March 2017

House Commerce Considers Independent Contractors, Again - Vermont's business community continues to plead with lawmakers to update the statute defining independent contractors, arguing that current law is costly and...more

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