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#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
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The California Supreme Court held that when a court compels an employee to arbitrate their “individual” Labor Code Private Attorneys General Act (PAGA) claims, the employee retains statutory standing to pursue...more
In a matter of first impression, a panel for the Third U.S. Circuit Court of Appeals recently affirmed a judgment of the District Court of New Jersey in Singh v. Uber Techs., Inc. (April 26, 2023), compelling arbitration in a...more
The Third Circuit recently opened the door to exempting Uber drivers from the Federal Arbitration Act (“FAA”). In a precedential decision, the Court of Appeals vacated a District Court’s decision compelling arbitration of an...more
The past two months were two of the busiest ever in terms of judicial decisions involving claims of independent contractor misclassification, administrative and regulatory initiatives, and legislative developments. They are...more
Cases reported below for this past month show that large companies remain in the crosshairs of class action lawyers representing workers in independent contractor misclassification lawsuits. Two well-known industry leaders in...more
When the news broke yesterday that Uber had agreed to pay a group of drivers $20 million to settle a long-running misclassification claim, you could be forgiven for thinking that the deal sounded like a massive blow to the...more
Yesterday, the first $100-million dollar settlement of an independent contractor misclassification case suddenly became a $20-million dollar deal, but on the same day a new nine-figure settlement took its place....more
The first-ever national misclassification case brought against Uber has now been put to bed. A federal court judge in North Carolina yesterday gave her blessing on a $1.3 million settlement wrapping up the litigation, handing...more
Independent contractor misclassification lawsuits swept across a swath of businesses last month, affecting companies in both the gig economy and traditional industries. Discussed below are class action and individual...more
Seyfarth Synopsis: The Ninth Circuit, following the Supreme Court’s 2018 decision in Epic Systems Corp. v. Lewis, has upheld the validity of class-action waivers in Uber’s arbitration agreement, and has held that a named...more
This edition of the Employment Flash looks at the new Department of Labor directive regarding contractor compensation practices; recent NLRB developments, including a draft rule regarding joint employment; the rise of...more
It was just a matter of time. After the Supreme Court cleared the way for businesses to use class waivers with their employees and contractors with the Epic Systems ruling this past May, many observers expected that the...more
Last month was notable for a number of judicial and administrative decisions against companies defending independent contractor misclassification claims. In one case, the plaintiff seeks to use the company’s statements in...more
The past two months were momentous for many companies that engage independent contractors in California to supplement their workforce or to interact with their customers. This applies not only to businesses based in...more
Last week, the ridesharing giant, Uber, secured a resounding legal win when a federal judge dismissed a putative class action lawsuit alleging the company violated the Fair Labor Standards Act by failing to pay drivers...more
In another victory for gig economy companies reliant upon the independent contractor business model, a Pennsylvania federal court ruled on April 11th that a collection of UberBLACK drivers were properly classified as...more
Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more
Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors? The Ontario Superior Court recently addressed this...more
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 were an unprecedented number of changes each month in 2017—and if January is any...more
There were six noteworthy cases in the area of independent contractor misclassification and compliance in January 2018 involving drivers of trucking companies, behavioral therapists, ride-sharing drivers, insurance agents,...more
2017 was notable for a shift in the law of independent contractors. Part 1, below, discusses five key legal developments from 2017 you should be aware of. Part 2, which will follow tomorrow, offers readers predictions of what...more
Last week, a U.S. District Court Judge in Illinois ruled that an arbitration agreement signed by an Uber driver required arbitration on the issue of whether Uber drivers are employees or independent contractors before the...more
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
Last week, the lawyers representing drivers who have sued Uber in California commenced another lawsuit on behalf of drivers alleging that Uber misclassified them as independent contractors instead of employees. This lawsuit,...more
April was a red-hot month for independent contractor misclassification cases. We report below on 11 cases in the courts and two before administrative agencies involving...more