Employment Law Now VI-120 - Joint Employer Ping Pong
III-38- Part 2 on Employee Marijuana Use and Two Key NLRB Developments
The Supreme Court of Texas recently ruled that franchisor Massage Heights did not owe a duty of care to a massage customer who alleged a sexual assault, because, among other reasons, Massage Heights had neither the...more
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
What Is the “Gig Economy”? The “gig economy” is the catchall term for an ever-growing range of temporary, flexible, autonomous work arrangements that are often enabled by technology platforms, such as websites or apps that...more
The U.S. District Court for the Eastern District of California recently ruled in an employment class action regarding misclassification of trucking industry owner-operators as independent contractors. The ruling is a win for...more
On May 8, 2019, the U.S. Seventh Circuit Court of Appeals reaffirmed its test to determine whether a worker qualifies as an “employee” as defined by and subject to Title VII protections. ...more
FOR NEARLY 30 YEARS, California businesses have used the Borello test (so named after S.G. Borello & Sons, Inc. v. Department of Industrial Relations) to determine whether workers should be classified as employees or...more
The year 2018 saw the issuance of several noteworthy federal workplace safety and health decisions. Three of those decisions came in the cases of Secretary of Labor v. Angelica Textile Services, Inc.; United States v. Mar-Jac...more
Last week, the French Court of Appeals dealt another blow to global gig businesses, ruling that the agreement between Uber and a former driver was “an employment contract,” because the former driver was “dependent” on Uber...more
As we are on the cusp of another football season throughout the country, where two-a-day practices and training camps are winding down, and final preparations are being made for the actual season, it may be worthwhile to...more
Sure, there have been some high-profile legal setbacks for gig economy businesses in the area of misclassification lately; the Dynamex case was a punch in the gut for California businesses, and the Pimlico Plumbers case is a...more
In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor. The Feb. 8 ruling sheds meaningful light on the prominent and heavily-litigated...more