News & Analysis as of

Wage and Hour Drivers

Cozen O'Connor

Cozen Cities - March 27, 2024

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LOS ANGELES — How Tech Sector Downturn has Hurt L.A. Office Market -The Los Angeles tech office space saw fourth-quarter leasing drop to 2.2 million square feet from nearly 3 million square feet the year before....more

Seyfarth Shaw LLP

FMCSA To Accept Public Comments In Response To Petitions Seeking Waiver Of Meal And Rest Period Preemption Determination On Behalf...

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Seyfarth Synopsis: On December 26, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced they would be accepting comments from the public in response to multiple petitions requesting waivers from the...more

Jackson Lewis P.C.

App-Based Companies Must ‘Pay Up’ in Seattle

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Shortly after the Washington State legislature approved legislation that sets minimum wage and other benefits for gig drivers of rideshare companies, the City of Seattle passed the first of a series of bills that ask...more

Jackson Lewis P.C.

New Colorado Overtime And Minimum Pay Standards Order #37 Revises Exemptions And More

Jackson Lewis P.C. on

Colorado has followed the sweeping changes to its minimum wage, overtime, and other wage and hour rules implemented under Colorado Overtime and Minimum Pay Standards (COMPS) Order #36 with more changes, including a revamped...more

Perkins Coie

California’s Prop 22 Passage Allows Tech-Based Companies to Classify Drivers as Contractors

Perkins Coie on

On Election Day 2020, California voters approved Proposition 22 which allows some gig economy companies to continue to classify drivers as independent contractors. These app-based drivers also will be guaranteed minimum...more

Epstein Becker & Green

Court to Consider Whether California Ride Share Drivers Who Make Airport Runs Are Exempt from the Federal Arbitration Act

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On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more

Fisher Phillips

Seattle Creates Minimum Wage For Gig Economy Drivers

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Seattle just joined New York City as one of the few locations in the country to pass minimum wage legislation for ride-share drivers, the city’s latest attempt to regulate the gig economy. Under the “Fair Share” program...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

McAfee & Taft

DOL, NLRB weigh in on classification status of gig economy workers

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While temporary positions, such as freelancing and seasonal jobs, have been around forever, the “gig economy” – the sector of the service industry that provides flexible, non-traditional working opportunities – has grown...more

Benesch

InterConnect FLASH! No. 72 - Predicting ABC Outcomes is not That Easy: A Tale of Two States

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In November, we documented a number of 2018 independent contractor-related developments in New Jersey since Democratic Governor Phil Murphy’s inauguration in January, one of which was the filing by the NJDOL in August of an...more

UB Greensfelder LLP

The NLRB Returns to a Business-Friendly Independent-Contractor Test

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Last week’s National Labor Relations Board (“NLRB”) ruling is good news for businesses that currently use or plan to use contract labor as part of their workforce. The Board returned to its traditional test for determining...more

Sheppard Mullin Richter & Hampton LLP

National Labor Relations Board Issues Decision Overruling Obama-Era Independent Contractor Test: What This Means For (Putative)...

In a business-friendly decision issued on January 25, 2019, the National Labor Relations Board (“NLRB” or “Board”) revised its test for determining whether putative independent contractors are exempt from coverage under the...more

Miller Canfield

More Workers Likely To Be Considered Independent Contractors and Not Employees, Under NLRB's New Ruling

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The National Labor Relations Board ("the Board") has revised the standard for determining who are independent contractors excluded from the National Labor Relations Act's ("the Act") protections, meaning more workers are...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Decision Shines Spotlight on “Entrepreneurial Opportunity,” Returns to Prior Independent Contractor Analysis

On January 25, 2019, the National Labor Relations Board issued a decision friendly to businesses—particularly those operating in the gig economy—in SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019). The Board’s decision marks a...more

Fisher Phillips

A New Year’s Gift for California Trucking Companies: Meal Period and Rest Break Laws No Longer Apply

Fisher Phillips on

It’s official: California’s infamous meal period and rest break laws no longer apply to truck drivers regulated by the U.S. Department of Transportation’s hours-of-service requirements. Following a petition from the American...more

Fisher Phillips

New York City Sets Nation’s First-Ever Gig Economy Minimum Wage

Fisher Phillips on

We’ve been expecting this since August, when the New York City Council passed a proposal establishing that ride-sharing driver should earn a minimum rate of pay, the first such minimum wage in the nation. Today, the other...more

Payne & Fears

Key California Employment Law Cases: October 2018

Payne & Fears on

This month’s key employment law cases address the test for independent contractor status, the legality of an incentive compensation system, and personal liability for wage and hour violations....more

Dorsey & Whitney LLP

Addison Lee Ltd v Lange and Ors

Dorsey & Whitney LLP on

In another case exploring the fringes of the employment relationship in the “gig economy”, the UK Employment Appeal Tribunal (EAT) has held that three drivers for taxi company Addison Lee Ltd were “workers” for the purpose of...more

Fisher Phillips

NYC Council Passes 6 More Bills Protecting Ride-Sharing Drivers

Fisher Phillips on

On the heels of the NYC Council passing (and the mayor signing into law) a bill requiring minimum payments for ride-sharing drivers and a one-year freeze on the number of ride-sharing vehicle licenses issued, the NYC Council...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Affirms That Dynamex’s ABC Independent Contract Test Is Limited To Claims Arising Under Wage Orders

In Jesus Cuitlahuac Garcia v. Border Transportation Group, LLC, et al, the California Court of Appeal, Fourth Appellate District has held that the ABC test set forth in Dynamex Operations West, Inc. v. Superior Court, 4...more

Bradley Arant Boult Cummings LLP

Drivers on the Go Say No to Arbitration in Wage Lawsuit - Labor & Employment Newsletter

Arbitration provisions in employment contracts are not unusual. So when GrubHub, a fast-food delivery service, was sued by drivers for violating wage laws it filed a motion to enforce the arbitration clause in its service...more

Holland & Knight LLP

New California Law Exposes Maritime Sector to Liability for Drayage Carriers Who Owe Drivers Statute Could Hold Customers of...

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• According to a California statute set to take effect in January 2019, ocean carriers, marine terminal operators (MTOs) and shippers engaging port drayage motor carriers (PDMCs) that default on obligations to pay employees...more

Fisher Phillips

An Apple for the Teacher/Uber Driver/Tutor

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As students have started another school year this Fall, conversations often return to teachers’ pay and the disparity between what they are undoubtedly worth and what they actually earn. In fact, Time magazine dedicated a...more

Fisher Phillips

Other Shoe Drops: Court Hands Uber Massive Class Action Win After SCOTUS Victory

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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

Proskauer - Law and the Workplace

Second Circuit, Relying on SCOTUS Instruction, Rejects "Narrow Construction" Principle for FLSA Exemptions

In two decisions issued on September 19, the Second Circuit relied on the Supreme Court’s instruction in Encino Motorcars, LLC v. Navarro, 138 S. Ct. 1134, 1140 (April 2, 2018) that FLSA exemptions are not to be construed...more

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