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Phase One Of Grubhub Trial Ends; Waiting Game Begins

The evidentiary phase of the Grubhub misclassification trial ended last week; now the gig economy world waits with baited breath for a final ruling. For those unfamiliar with the situation, this could be the first time the...more

A Look-In At The Halfway Point In The Critical GrubHub Trial

As readers of this blog know, we are right in the midst of one of the most significant legal developments for the gig economy. For the first time, a judge is being asked to definitely decide at trial whether a typical...more

August 2017: The Top 11 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no...more

NLRB Fires Shot At Handy, Taking Aim At Gig Economy In General

Josh Eidelson from Bloomberg reported that the National Labor Relations Board (NLRB) issued a complaint against gig economy mainstay Handy earlier this week, alleging that the on-demand workers who provide home cleaning...more

New Case Shows That “Uber-ization” of Workforce Could Lead to Misclassification Challenges

Earlier this week, I wrote an article about a recent NLRB decision where the Board found a group of workers who provide video content services for the display board at Minnesota Timberwolves basketball games to be incorrectly...more

Unions Win Next Round In Seattle Gig Worker Organizing Battle

Chalk this round up to the unions. In a pair of decisions issued last week, a Seattle federal judge ruled that Seattle’s January 2016 Ordinance that seeks to allow for-hire drivers to form unions and collectively bargain with...more

Labor Board Dunks On Employer’s Contractor Classification Attempt - NBA’s Timberwolves Foul Out In Front Of NLRB

In a ruling sure to leave businesses and gig economy companies crying foul, the National Labor Relations Board concluded that workers producing electronic video display content for the NBA’s Minnesota Timberwolves were...more

Oregon Employers Face Significant New Workplace Laws

There’s good news for Oregon employers about the recently concluded 2017 legislative session: unlike years past, there were only a very small number of workplace laws passed. In fact, the Oregon Legislature only passed four...more

Total Eclipse At The Job: You Need This Advice More Than Ever

Next week, many Americans will witness a truly astronomical phenomenon: a total solar eclipse will sweep across the country on Monday, August 21. This is the first time a total eclipse will be visible in the U.S. since...more

8/14/2017  /  Sick Leave , Time-Off Policies

July 2017: The Top 12 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. July was no different,...more

ACA Repeal Could Put Dent In The Number Of Gig Workers

Bloomberg BNA reporter Madison Alder has written an eye-opening article that suggests the possible repeal of the Affordable Care Act (ACA) could force many gig economy workers to abandon their freelance lifestyle and secure...more

Court Says Uber Drivers Can Proceed With National Misclassification Class Action

A federal court judge in North Carolina last week granted permission to a group of Uber drivers challenging the company’s classification structure to band together and proceed with a class action lawsuit against the...more

FAQs On “Generation Z” In The Workplace

A classic managerial mistake is to focus so much on the present that you ignore what’s about to come around the corner. And what’s about to come around the corner at your workplace is the next generation of American worker....more

The Ultimate Misclassification Showdown Could Be Right Around The Corner

Gig employers returning from the Fourth of July holiday were in for a rude awakening when they learned about the fireworks that just went down in a California federal court. Right before the holiday weekend, Judge Jacqueline...more

NPR Report Discusses Growing Interest In Portable Benefits

Late last week, NPR aired a story discussing the governmental efforts to bring portable benefits to gig workers...more

Next Crack In The Wall: NY Uber Drivers Held To Be Employees

Back in October, we reported that there appeared to be the first crack in the wall when it came to classifying Uber drivers as employees instead of independent contractors. At that time, it was reported that the New York...more

“Mark Of The Beast” Workplace Concerns Lead To Half-Million Dollar Verdict

Here’s some advice you probably didn’t think you needed, employers: you should avoid, at all costs, giving or threatening to give your employees the biblical Mark of the Beast. And if they think you are doing so, you should...more

Labor Board Finds Employer Guilty Of “Textual Harassment” - Manager’s Text Message During Union Campaign Deemed Unlawful...

In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message...more

Different Path, Same Result: 9th Circuit Becomes Latest Appeals Court To Reject Trump’s Travel Ban

Several weeks ago, the 4th Circuit Court of Appeals upheld an injunction that blocks President Trump’s second executive order attempting to institute a travel ban against those arriving from several specific Muslim countries...more

Not Yet Time To Pop Champagne Corks After IC Guidance Withdrawn

Earlier this week, the U.S. Department of Labor dropped a bit of a bombshell when it announced the immediate withdrawal of two informal guidance letters issued back when President Obama governed the executive branch. The 2015...more

Dawn Of A New Day? Labor Department Withdraws Obama-Era Guidance On Misclassification, Joint Employment

In a welcome development for employers, Secretary of Labor Alexander Acosta announced today that the U.S. Department of Labor (USDOL) was immediately withdrawing guidance published during the Obama administration that had...more

Texas Two-Step: Gig Businesses In The Lone Star State Get Two Pieces Of Good News

Gig economy companies in Texas were on the receiving end of two pieces of good news in the last several weeks. Most recently, the state legislature passed and the governor signed into law a bill that will all but assure...more

May 2017: The Top 10 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. May 2017 was no different, with...more

Another One Bites The Dust: 6th Circuit Latest To Strike Down Mandatory Class Waivers - Supreme Court To Have Final Say In...

Employers returning from the Memorial Day weekend were on the receiving end of bad news as they learned that the 6th Circuit Court of Appeals became the third federal appeals court to strike down mandatory class action...more

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