News & Analysis as of

Independent Contractors On-Demand Services

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Robinson+Cole Data Privacy + Security Insider

Privacy Tip #368 – Delivery Drivers and Restaurants Targeted by Scams

It is so convenient now to order food from restaurants and have it delivered right to your door with delivery services like DoorDash and Uber Eats. Restaurants and delivery drivers depend on these services and orders to make...more

Littler

Dutch Supreme Court Finds On-Demand Deliverers Are Not Self-employed

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The Dutch Supreme Court has just ruled that Deliveroo meal deliverers are not self-employed, but rather “regular” employees. With this decision the Supreme Court confirms the earlier judgments of the Cantonal Court and the...more

Littler

Littler Global Guide - Switzerland - Q4 2021

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The High Court of the Canton of Vaude recently decided that the couriers of an online food ordering and delivery service are in fact employees. Very interestingly, the Court concluded that the digital platform leases them out...more

Console and Associates, P.C.

The Most Wonderful Time of the Year? Not for Gig Economy Delivery Drivers

These days, gig economy drivers play a big part in making the holidays happen, delivering packages containing holiday decor, presents ordered online, and even catered meals for parties....more

Console and Associates, P.C.

Reports of Amazon Drivers Engaging in Dangerous Behavior Behind the Wheel

Online retailer Amazon.com grew into a household name over the past several decades due largely to the company’s ability to deliver packages to customers within days—sometimes hours. However, recently, there have been reports...more

Robins Kaplan LLP

Financial Daily Dose 3.17.2021 | Top Story: Uber to Reclassify Its 70k British Drivers as “Workers”

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Uber will officially classify its British drivers, all 70,000 of them, as “workers” following a “major legal defeat” for the ride-hailing company in the British Supreme Court last month. The move entitles the drivers to “a...more

Fox Rothschild LLP

The Passage Of Prop 22 And Future Aftershocks To Come From It

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On November 3, 2020, California voters passed Proposition 22, an exemption from AB5 for app-based drivers and couriers who use personal vehicles/transportation to provide on-demand services. As detailed in previous posts here...more

Ballard Spahr LLP

NY Court of Appeals Grapples with Classifying Gig Workers and the Modern Economy

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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

Epstein Becker & Green

Federal Judge Denies Ride Share and Delivery Companies’ Request for Preliminary Injunction to Enjoin Enforcement of California’s...

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As we recently wrote here, Uber and Postmates (and two of their drivers) to file an eleventh-hour lawsuit seeking to enjoin the enforcement of California’s controversial new independent contractor law – known as AB 5 –...more

Epstein Becker & Green

Who’s Up Next? Now It’s Ride-Share and Delivery Companies’ Turn to File Suit Challenging California’s Controversial New...

AB 5, California’s hastily passed and controversial independent contractor statute, which codifies the use of an “ABC test,” is set to go into effect on January 1, 2020. Already, the California Trucking Association has filed...more

Littler

2020 Vision in the UK – A Look at the Year Ahead

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Well, first of all, the UK is going to get Brexit done! What this will feel like after years of wrangling will remain to be seen. There are some reports that Boris Johnson’s newly elected government is squaring up for a...more

Ballard Spahr LLP

NJ DOL Bills Uber $650M for Misclassified Drivers

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The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

Hogan Lovells

U.S. Department of Labor Opines: Gig Economy Workers for Virtual Marketplace Company Have “Economic Independence”; Are Not...

Hogan Lovells on

In a lengthy April 29, 2019 Opinion Letter, the U.S. Department of Labor (“DOL”) examined the relationship between a virtual marketplace company (“VMC”) and its service providers.  Applying a six-factor test derived from U.S....more

Proskauer - Law and the Workplace

DOL Validates Independent Contractor Relationships in the On-Demand Marketplace

In an opinion letter issued April 29, 2019, the U.S. Department of Labor’s Wage and Hour Division concluded that a “virtual marketplace company” (“VMC”) that connects service providers with consumers is not the employer of...more

Fisher Phillips

Uber Seeks To Expand Into Labor Market

Fisher Phillips on

Credit Uber with being one of the first companies to enter the gig economy space and changing the way the world thinks about the entire industry. The company now seems poised to change the way you think of Uber itself....more

Littler

Littler Global Guide - Spain - Q3 2018

Littler on

Urgent Data Protection Measures for GDPR Enforceability - New Order or Decree - The Spanish government has fast-tracked the approval of measures aimed at adjusting Spanish legislation to the new General Data Protection...more

Fisher Phillips

Local Ordinances Not Sold On Gig Workers In Retail

Fisher Phillips on

Is there nowhere that the gig economy can’t go? As gig workers expand into increasingly unlikely industries—including restaurants, hospitality, beauty, healthcare, and even science—it comes as no surprise that retail wants in...more

Fisher Phillips

Traditional Employers Are Increasingly Relying Upon Gig Platforms To Meet Short-Term Staffing Needs And Customer Demand

Fisher Phillips on

Traditional employers are continuing to discover that they can benefit from the gig economy through the utilization of external platforms to hire contract workers. Sometimes companies are caught off-guard by a sudden uptick...more

Fisher Phillips

The Gigs Get Bigger: Recent Data Shows the On-Demand Economy is Growing Into New Areas

Fisher Phillips on

When you last heard from me regarding the state of the gig economy, the discussion at the beginning of 2018 focused on the fact that small businesses were joining large corporations in embracing the on-demand model. Now,...more

Fisher Phillips

Examining the Dynamex ‘ABC Test’ by Various On-Demand Worker Types

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The California Supreme Court issued its long-awaited decision in Dynamex Operations West, Inc. v. Superior Court last week. The weight of the court’s decision to apply a three-prong test to determine whether a worker is an...more

Fisher Phillips

Hair Salons Want A Cut From The Gig Economy

Fisher Phillips on

The gig economy continues to grow into all sectors of the modern world. By some accounts, on-demand workers are projected to comprise 43 percent of the United States workforce by 2020. If true, we can anticipate large groups...more

Troutman Pepper

Misclassification Claims Threaten Gig Economy Business

Troutman Pepper on

The gig economy — companies that hire workers for specific projects or “gigs” — is on the rise. Gig companies use technology to provide goods and services to consumers on demand. The companies hire workers who access and...more

Fisher Phillips

Healthcare And The Gig Economy: A Marriage Of Risk And Reward

Fisher Phillips on

Healthcare is one of the country’s largest industries, accounting for trillions of dollars in annual spending. Given its magnitude, it should come as no surprise that healthcare and our national economy are inextricably...more

Fisher Phillips

On-Demand Workers Help Both David and Goliath: Small Businesses Owners Continue to Embrace The Gig Economy in 2018

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Amidst all of the year-end articles recapping the world of labor and employment law and predicting the upcoming legal trends for the year-to-come, Bloomberg BNA identified “The Gig Economy and Flex Work” as one of the top...more

Benesch

Lyfting TNCs and On-Demand/Sharing Economy Companies Out of the Misclassification Abyss By Mandating Workplace Insurance in Driver...

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Unlike traditional motor carriers that transport cargo, many Transportation Networking Companies (TNCs), e.g., Uber and Lyft, and similar on-demand/sharing economy companies (On-Demand Companies), e.g., GrubHub (a food...more

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