Sharing Economy

News & Analysis as of

Update on Town of Huntington’s Proposal To Ban Short-Term Rentals

At its January 10, 2017 meeting, the Town Board of the Town of Huntington held a public hearing to discuss its proposed ban on short-term rentals. Several residents testified at the public hearing in opposition to the ban,...more

December 2016 Independent Contractor Misclassification and Compliance News Update

In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

Public Hearing On The Town Of Huntington’s Short-Term Rental Ban Set For Tomorrow, January 10, 2017

Last April, my colleague Anthony Guardino blogged about the Town of Southold’s local law banning “transient rental properties”, which Southold defined as dwellings that are rented out for less than fourteen nights at a time. ...more

Ninth Circuit Denies Rehearing En Banc, Requires Ex-Uber Drivers to Arbitrate Claims Individually

The Ninth Circuit denied rehearing en banc of its September order holding that the district court erred in deciding whether two drivers who sued Uber Technologies, Inc. (“Uber”) on behalf of themselves and a putative class...more

The 3 Best Resources For Workers in the Sharing Economy

Like many seasonal, temporary, part-time, and contract workers, a growing number of workers in sharing economy jobs are passing up on some of the features that often come with traditional, full-time employment relationships....more

New Uber Ruling Reveals Another Costly IC Misclassification Exposure for On-Demand Companies

Gig economy companies based on an independent contractor model beware. On December 14, 2016, a federal court in Pennsylvania denied a motion to dismiss an “on-call” wage claim in a class action lawsuit filed against Uber by...more

Advertising Law - December 2016 #2

SPECIAL FOCUS: The FTC Watches Smart TV - In older, simpler times, families would gather together and watch the TV. A key takeaway from last week's Federal Trade Commission Fall Technology seminar is that now TV will...more

AirBNB & VRBO: Do My Neighbors Have a Say?

Following his transfer to Houston, Ruel Benda decided to keep his posh gated neighborhood Rodeo Drive house and started advertising it on AirBNB. His profits were so good that he began renting for 7 days or less. Insisting...more

President's Puzder Pick Presents Positives For Sharing Economy

President-elect Donald Trump has announced the nomination of Andrew Puzder as the next Secretary of Labor. Mr. Puzder, the CEO of CKE Restaurants (the parent company of Carl’s Jr., Hardee’s and Green Burrito), will head the...more

November 2016 Independent Contractor Misclassification and Compliance News Update

Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more

FTC Releases Report on the “Sharing Economy” for Internet-Based Services

Last month, the FTC released a staff report entitled “The ‘Sharing’ Economy: Issues Facing Platforms, Participants, and Regulators,” that assesses evolving business models relying on internet and app-based “sharing economy”...more

Handy Proposal May Solve Sharing Economy Business Woes

As startups from Silicon Valley to Silicon Forest continue to flood the market with competing on-demand service platforms “staffed” with independent workers, these same businesses – implementing one of the most disruptive,...more

FTC Report on Sharing Economy Cautions Regulators Not to Impede Innovation

In 1942, economist Joseph Schumpeter observed that the "creative destruction" of innovation often drives economic growth in market economies as companies continuously introduce new products or services, or new ways to produce...more

Sharing Economy Companies All Smiles After Trump’s Transpo Pick

Yesterday’s news that President-elect Trump (it still feels weird to write that, I gotta admit) selected Elaine Chao as his Secretary of Transportation was well-received in the sharing economy. Rideshare giants Uber and Lyft...more

Website Design Implicated in Two Rulings on Enforceability of Online Terms – Highlights the Importance of Legal Review of Design...

This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted, clickthrough agreements are generally more likely to be found to be enforced. ...more

How the Sharing Economy Can Tackle Discrimination Claims

As my colleague Brooke Tabshouri pointed out earlier this month, one of the unique situations facing the sharing economy is that customers — not coworkers or employers — may be the primary or even sole bad actors when it...more

Transgender Employees in the Sharing Economy

The sharing economy is attractive to many transgender employees who fear discrimination in traditional workforces. But are sharing economy employers required to provide them with any special protections? With the employment...more

Will Uber Ever Hit the Skies?

While Uber has been trying to pioneer self-driving technology, debuting its first self-driving taxis in Pittsburgh, Pennsylvania last month, Uber is now looking at “vertical take off and landing” (VTOL) technology. This VTOL...more

The Future of Airbnb in New York

One of the most controversial and popular topics in real estate today involves Airbnb, the online home rental service, and the concept of transient rentals. In New York City, Airbnb’s largest market in the United States, this...more

October 2016 Independent Contractor Misclassification and Compliance News Update

Our update for this past month is noteworthy for the fact that we report below on IC misclassification lawsuits plaguing some of the largest and most recognizable companies in the U.S. (like Uber, Amazon, and FedEx) as well...more

Workplace Policy Institute Insider Report — November 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The November edition of the Insider Report turns a spotlight on...more

Spokeo Gets Lyft Off

The Northern District of California dismissed a Fair Credit Reporting Act case against Lyft upon finding that plaintiff lacked Article III standing based on the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct....more

Uber and the Gig Economy – is the law keeping up?

After a Preliminary Hearing spanning seven days (including reading the five volume bundle and time for deliberation), an Employment Tribunal has handed down its much anticipated ruling that Uber drivers are workers rather...more

Best in Law: How to Navigate Legal Pitfalls of Using Airbnb

Knowing Local Laws and Rights for Short-Term Rental Success - Services such as Airbnb and VRBO offer service-sharing alternatives to traditional hotels and rentals. Indeed, these online platforms now provide a...more

Short-Term Rentals Fight Flares Up Nationwide

In recent months, cities across the nation have been implementing legislation aimed at regulating and restricting short-term rentals. The affected companies, namely Airbnb, have responded with lawsuits. The dispute has played...more

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