The notorious “ABC” test continues to rear its head across the nation. This strict, worker-friendly test that is used to determine whether a worker is properly classified as an independent contractor as opposed to an employee...more
In January of 2020, California enacted a new law that codifies a strict test for determining if workers are independent contractors or employees and thereby entitled to minimum wage, overtime, and various other benefits. ...more
10/15/2021
/ ABC Test ,
Dynamex ,
Employee Definition ,
Gig Economy ,
Independent Contractors ,
Lyft ,
Misclassification ,
New Legislation ,
Preemption ,
Split of Authority ,
State Labor Laws ,
Trucking Industry ,
Uber ,
Wage and Hour
Recent events in Washington D.C. and elsewhere have heightened tensions across the United States and led to renewed questions from employees and employers regarding how to respond to political speech inside (and outside) the...more
1/18/2021
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Employee Rights ,
Employer Rights ,
Employment Policies ,
Federal Labor Laws ,
First Amendment ,
Free Speech ,
Hate Speech ,
Insurrection ,
NLRA ,
Off-Duty Employees ,
Political Speech ,
Private Sector ,
Protests ,
Public Employers ,
State Labor Laws
On Friday, January 1, 2020, New Jersey’s minimum wage increased to $12.00 per hour, pursuant to the bill that had been executed by Governor Phil Murphy back in 2019. The long-term purpose of this law is to gradually increase...more
Fourth in a Series of Blogs Regarding the Presidential Transition -
On January 1, 2020, AB-5 went into effect in California. The law, which had gig workers such as Uber and Lyft drivers squarely in its sights, sought to...more
As previously covered here, the California Legislature has long been searching for a way to prevent employers from requiring prospective employees to sign arbitration agreements as a condition of employment without running...more
In state governments’ continuing efforts to target “Gig Economy” companies and other organizations who rely on independent contractors, New Jersey recently handed Uber Technologies, Inc. a bill for $650 million because it...more
12/5/2019
/ ABC Test ,
Business Model ,
Corporate Counsel ,
Department of Labor (DOL) ,
Disability Insurance ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Payroll Taxes ,
Popular ,
State Labor Laws ,
Trucking Industry ,
Uber ,
Unemployment Insurance ,
Wage and Hour
Often perceived – rightfully or not – as an overly employer-friendly forum, mandatory arbitration agreements between employers and employees have been the bane of the plaintiff’s bar’s existence for years. However, there has...more
11/1/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
Labor Regulations ,
Preemption ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour