While economists continue to debate the prospects for a recession, layoffs are impacting employees across the U.S., and not just in the technology sector. Given the greater potential for trade secret misappropriation in the...more
Employers today are coming to terms with what has developed into full-time remote or hybrid work arrangements for many workers. However, you should recognize that the rise of these work arrangements may create additional...more
According to a recent survey of over 1,000 workers who turned to gig work in the last six months, 85% have recently increased or planned to increase their gig work – with 58% citing inflation as the primary reason for seeking...more
A federal appeals recently addressed two important questions in a critical restrictive covenant case, providing important guidance for employers drafting non-compete and non-solicitation provisions and underscoring how the...more
The Nevada Supreme Court recently addressed the question of whether lower courts may blue-pencil an otherwise unenforceable noncompetition agreement pursuant to a provision in the agreement that allows for court modification...more
The gig economy is constantly evolving, becoming more deeply entrenched in certain areas of the economy while looking to expand into others. The COVID-19 pandemic accelerated this trend by forcing changes in the behavior of...more
The COVID-19 pandemic has led to an unprecedented economic disruption, forcing many employers to reduce their workforce. In the face of state and local shutdown orders and a sudden drop in business, many employers moved...more
There’s an old saying that out of crisis comes opportunity – and the gig economy may be on the verge of living that adage. Thanks to the two trillion-dollar Coronavirus Aid, Relief, and Economic Security Act (CARES) Act...more
A New Jersey lawmaker recently took a big step towards creating a system of benefits for gig economy workers. New Jersey State Senator Troy Singletary introduced Senate Bill 943 which, if enacted, would “establish a system...more
While U.S. lawmakers grapple with the dynamics of the gig economy, our neighbor to the north is witnessing a dramatic increase in the number of gig workers. A recent article in the Toronto Star discussed a new study from...more
The Gig Economy has caught the attention of at least one presidential candidate who has unveiled a plan called “A New Rising Tide” which, among other things, calls for greater protections for gig economy workers.
South...more
7/30/2019
/ ABC Test ,
CA Supreme Court ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
NLRA ,
Political Candidates ,
Presidential Elections
A federal Court of Appeals just ruled that extreme obesity not caused by an underlying physiological disorder or condition does not qualify as an impairment under the ADA. Under the 7th Circuit’s June 12 ruling, proof that...more
6/17/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Burden of Proof ,
Corporate Counsel ,
Disability ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Obesity ,
Reasonable Accommodation
Tennessee employers who want to avoid workplace-bullying lawsuits need only adopt the state’s model anti-bullying policy and they will enjoy immunity from such claims, thanks to a new law just signed into effect Tuesday....more
4/25/2019
/ Anti-Bullying Laws ,
Anti-Retaliation Provisions ,
Complaint Procedures ,
Employee Handbooks ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Human Resources Professionals ,
New Legislation ,
Safe Harbors ,
State Labor Laws ,
Workplace Bullying
Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court...more
3/4/2019
/ Appeals ,
Confidential Information ,
Email ,
Employee Misconduct ,
Employer Liability Issues ,
Facebook ,
Former Employee ,
Former Employer ,
Hackers ,
Injunctive Relief ,
Intellectual Property Protection ,
Invasion of Privacy ,
Preliminary Injunctions ,
Social Media ,
Stored Communications Act ,
Trade Secrets ,
TRO ,
Unclean Hands
Last week, the French Court of Appeals dealt another blow to global gig businesses, ruling that the agreement between Uber and a former driver was “an employment contract,” because the former driver was “dependent” on Uber...more
1/18/2019
/ Appeals ,
Corporate Counsel ,
Drivers ,
Employment Contract ,
Employment Litigation ,
France ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Ridesharing ,
Right to Control ,
Uber
The British government announced workplace reforms yesterday (which include new legislation) that will impact employers including gig economy companies, although the reforms do not seek a “radical reworking of existing...more
12/19/2018
/ Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Flexible Work Arrangements ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Relations ,
New Legislation ,
UK ,
Wage and Hour
In a case of first impression, a federal appeals court just found that an applicant’s request for a religious accommodation did not constitute protected activity under Title VII for the purpose of establishing a retaliation...more
11/15/2018
/ Anti-Retaliation Provisions ,
Appeals ,
Conditional Job Offers ,
Corporate Counsel ,
Disparate Treatment ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Protected Activity ,
Religious Accommodation ,
Religious Discrimination ,
Retaliation ,
Title VII ,
Undue Hardship
Frequent readers of our blog will recall our post from earlier this year where we referenced the efforts of gig economy company Handy to lobby legislators in a number of states to pass laws protecting the independent...more