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Harris v. Trump: The Definitive Workplace Law Preview for Employers

Either Kamala Harris or Donald Trump will be our nation’s next president – and the impact on workplace law will be significant regardless of who prevails. During their campaign trails, each candidate has provided some clues...more

Surprise! Federal Proposal Would Require States to Adopt California’s ABC Contractor Classification Test for Unemployment Purposes

Most attention about whether the Biden administration would attempt to adopt a version of California’s notorious “ABC test” for determining whether individuals are properly classified as employees or independent contractors...more

From Crisis Comes Opportunity: A Silver Linings Playbook For Businesses Emerging From the Pandemic

It’s been said that from crisis comes opportunity. And given that the COVID-19 pandemic has handed us the greatest collective crisis in our lifetimes, it should stand to reason that we should now be in the perfect position to...more

DOL’s New Independent Contractor Rule Could Be DOA

The Labor Department finalized a new rule yesterday that aims to make it easier for businesses to classify workers as independent contractors – but the rule faces a very uncertain future given that the Biden administration...more

EXCLUSIVE: California Budgets Over $17M To Enforce Misclassification Law

In a budget deal finalized today and expected to be approved by state lawmakers in a matter of days, the California state legislature has reached an agreement that will see $17.5 million allocated toward enforcement of AB-5...more

California Provides Paid Sick Leave For Food Sector Workers Impacted By COVID-19

California Governor Gavin Newsom just signed into law Executive Order N-51-20 to provide two weeks of supplemental paid sick leave to certain food supply chain workers, provided they are subject to specified qualifying...more

It’s All-AB-5, All-The-Time, As The California Legislature Returns

After reviewing the 2,203 pieces of proposed legislation introduced in the California legislature by the February 21 deadline, it’s obvious that one issue will dominate debate in the 2020 session: the continued fallout from...more

Another Win For California Truckers In AB-5 Fight…But Gig Economy Still Awaits Misclassification Ruling

Wednesday, January 8th, saw a state court conclude that California’s controversial new misclassification law doesn’t apply to truck drivers, the second time in the last few weeks that a judge has come down hard on AB-5 for...more

The Guide to Pending Employment Bills

It’s been a long legislative year. And this being Governor Newsom’s first term in office, many observers have been anxiously awaiting to see what approach he takes when it comes to labor and employment legislation. Now all of...more

9th Circuit Kicks Dynamex Retroactivity Question To State High Court

With just a one-page, single-paragraph Order, the 9th Circuit Court of Appeals yesterday provided the faintest glimmer of hope for gig economy businesses everywhere – but especially for those in California. The federal...more

Flurry Of Recent Developments On The Dynamex Front

It’s been tough to keep up with developments concerning the fallout from the Dynamex case and California’s new ABC test for determining employee/independent contractor status. The past few months have seen several recent...more

Day One – Dynamex to Dominate Legislative Discussion in California in 2019

December 3 was the first day of the new legislative session in California. It was a day of festivities and ceremony, as new members were sworn into office and Democrats had their first taste of the “super-duper majority”...more

The Ghost of Borello Returns This Halloween! Court Holds Dynamex ABC Test Applies Only to Wage Order Claims

As we have covered extensively, the California Supreme Court dropped a proverbial bomb earlier this year in the Dynamex case when it adopted a new legal standard known as the “ABC Test,” making it much more difficult for...more

Court Tosses Lawsuit by Drivers Challenging Seattle Ridesharing Union Ordinance

On August 9, the Ninth Circuit Court of Appeals dismissed a lawsuit filed by a group of independent drivers challenging a 2015 ordinance by the City of Seattle that allows ridesharing drivers to organize. As we have...more

Game On! Federal Appeals Court Revives Antitrust Challenge to Seattle’s Gig Worker Union Organizing Ordinance

If you’ve been following the legal fight over Seattle’s 2015 proposal to permit ride-sharing drivers who work for companies such as Uber and Lyft to organize and form the country’s first gig economy unions, you might feel...more

Recent Survey Sheds Additional Light on the Gig Economy

The gig economy continues to be a popular topic of discussion—for policymakers, politicians, lawyers, the media, and others. However, getting a good handle on the scope of the gig economy can be difficult at best. Traditional...more

Proposed California Law Would Establish Portable Benefits For Gig Companies And Address Misclassification Issue

As we have previously discussed, one of the hottest gig economy issues to dominate political and public policy debate has been “portable” benefits – the concept that gig economy workers should have flexible, portable benefits...more

Your Comprehensive Guide to 2018 Proposed California Legislation

February 16 was the deadline to introduce new bills in the California Legislature. By that date, nearly 2,200 bills were introduced. While that may seem like a staggering amount of legislative proposals (especially for a...more

Uber-Union Partnership May Jumpstart the “Portable Benefits” Movement in the Gig Economy

Of all the public policy debates surrounding the gig economy of late, one of the hottest topics has been “portable benefits” – the concept that gig economy workers should have flexible, portable benefits that they can take...more

Will Blockchain Technology Transform Dispute Resolution in the Sharing Economy?

Over the last few months, there has been a lot of discussion about Blockchain technology and its potential to revolutionize and transform the sharing or gig economy. If you’re like me, your first question might be, “What the...more

Does California Governor Jerry Brown Have Love for the “Innovation” Economy?

It’s difficult to glean much from a veto message. However, in vetoing a recent California bill meant to regulate certain aspects of the “innovation” economy, Governor Jerry Brown used some pointed language that some in the...more

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