Seyfarth Synopsis: Couriers who transport goods from restaurants and grocers who have connected to consumers via the Postmates app are not “engaged in foreign or interstate commerce,” according to a recent decision by the...more
The Manitoba Court of King’s Bench recently rejected a motion by a large online meal delivery service to stay a class proceeding in favour of arbitration in accordance with the terms of a new agreement with its couriers. The...more
Am 10. November 2021 entschied das Bundesarbeitsgericht (BAG), dass Arbeitnehmende, die als sogenannte „Rider“ Speisen und Getränke mit dem Fahrrad ausliefern, grundsätzlich einen Anspruch auf Bereitstellung eines...more
On November 10, 2021, Germany’s Federal Labor Court (Bundesarbeitsgericht) ruled (Case No. 5 AZR 334/21) that employers must provide employed bicycle couriers with all the equipment essential for the performance of their...more
During the Corona pandemic, bike delivery services experienced a boom in Germany. One provider has been newly listed on the major German stock index DAX, another one is the fastest-growing German unicorn of all times. Major...more
The German Federal Labor Court (Bundesarbeitsgericht – BAG) confirmed the judgement of the Regional Labor Court of Hesse (Hessisches Landesarbeitsgericht – LAG Hessen, file no. 14 Sa 306/20) with its judgement of 11 November...more
Five years ago, on November 8, 2016, Massachusetts voters passed Ballot Question 4, which established the legalization, regulation, and taxation of adult-use marijuana for consumers 21 years of age and older. The subsequent...more
A federal judge for the U.S. District Court for the District of Columbia dismissed FedEx Corporation’s challenge to the U.S. Department of Commerce’s (Commerce) Export Administration Regulations (EAR). Specifically, FedEx...more
The New York Court of Appeals recently affirmed the decision of the Unemployment Insurance Appeals Board that Postmates couriers should be classified as employees, not independent contractors, for purposes of unemployment...more
A little known fact to a lot of importers is how the big three express couriers (FedEx, UPS and DHL) typically file their import entries. In order to expedite clearances, they use a fuzzy interpretation of the import...more
Red faces – no gross misconduct when employee revealed executive's pay - The EAT had to consider whether an employee had acted in breach of contract or committed gross misconduct when he revealed details of an executive's...more
A delivery courier fired by app-based food delivery service Postmates Inc. is an independent contractor, not an employee entitled to unemployment insurance benefits, the Third Judicial Department of the New York Supreme Court...more
Ms. Cathy Webb, MS, CQA, CQE undertook a presentation at the Arkansas Environmental Federation Convention and Tradeshow titled: The EHS Manager’s Guide to: The Pitfalls of HAZMAT Shipping (“Presentation”) ...more
When the topic of data privacy and cyber security comes up, most people automatically think of data breaches, especially given the high-profile nature of so many of them. Breaches and hacks are certainly an issue about which...more
New Rules on Regulatory References Come Into Force - Enacted Legislation - The new rules on Regulatory References came into force on March 7, 2017. The intention of these rules, which apply to full-scope regulatory...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
‘Gig’ economy: Latest developments - In a further challenge by a worker in the ‘gig’ economy, an Employment Tribunal has ruled that a cycle courier was a ‘worker’ and qualified for various employment protections. The...more