As we wrote here just several days ago, Californians were facing the seemingly unimaginable this week– the possibility of living without ride share services for the foreseeable future....more
8/21/2020
/ ABC Test ,
Ballot Measures ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Ridesharing ,
State Attorneys General ,
State Labor Laws ,
TRO ,
Wage and Hour
To some, it may feel like it was a lifetime ago when ride share companies did not even exist. In those seemingly long-ago days, people relied upon friends to drive them to or from the airport, or assigned designated drivers...more
8/19/2020
/ Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Lyft ,
Misclassification ,
Ridesharing ,
State Labor Laws ,
TRO ,
Uber ,
Wage and Hour
We have written here frequently about California’s controversial AB 5 law, which permits companies to treat workers as independent contractors only if they satisfy a stringent “ABC” test....more
8/12/2020
/ ABC Test ,
Ballot Measures ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Ridesharing ,
State Attorneys General ,
State Labor Laws ,
TRO ,
Wage and Hour
The California Legislature’s attempt to circumvent both the Federal Arbitration Act (“FAA”) and the Supreme Court’s landmark decision in Epic Systems by crafting a new law prohibiting California employers from requiring...more
2/4/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Contract ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Motion To Enjoin ,
Preemption ,
Preliminary Injunctions ,
TRO
As we have written here, the day before California’s controversial AB 5 was set to go into effect, U.S. District Court Judge Roger Benitez issued a temporary restraining order to block enforcement of the law as to...more
2/3/2020
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Federal Labor Laws ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Motor Carriers ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
State and Local Government ,
State Labor Laws ,
TRO ,
Trucking Industry ,
Trucking Regulations ,
Wage and Hour
As we recently wrote here, on December 29, 2019, just days before California’s new arbitration statute known as AB 51 was to go into effect, a federal judge in the United States District Court of the Eastern District of...more
1/16/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Regulations ,
Motion To Enjoin ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
Restraining Orders ,
State and Local Government ,
State Labor Laws ,
TRO
As we recently wrote here, just hours before California’s controversial AB 5 went into effect, a federal court in San Diego issued a temporary restraining order (“TRO”) to enjoin enforcement of the independent contractor...more
1/16/2020
/ ABC Test ,
Commerce Clause ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Federal Labor Laws ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Motor Carriers ,
New Legislation ,
Owner-Operators ,
Preemption ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
TRO ,
Trucking Industry ,
Trucking Regulations ,
Wage and Hour
Following the challenges to AB 5, California’s controversial new independent contractor law, can be a difficult endeavor. Every day seems to bring a new development....more
1/13/2020
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Federal Labor Laws ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Motor Carriers ,
New Legislation ,
Preemption ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
TRO ,
Trucking Industry ,
Trucking Regulations ,
Wage and Hour
As we wrote here recently, organizations representing freelance journalists and photographers filed suit seeking to enjoin enforcement of California’s controversial independent contractor statute, AB 5, as to them....more
1/9/2020
/ ABC Test ,
Dynamex ,
Employee Definition ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Journalism ,
Journalists ,
Motion To Enjoin ,
Restraining Orders ,
TRO ,
Wage and Hour
On January 1, 2020, California’s new independent contractor statute, known as AB 5, went into effect. The law codifies the use of an “ABC” test to determine if an individual may be classified as an independent contractor....more
1/3/2020
/ ABC Test ,
Commerce Clause ,
Commercial Truck Drivers ,
Employee Definition ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Interstate Commerce ,
Labor Regulations ,
Misclassification ,
Motor Carriers ,
Owner-Operators ,
Preemption ,
State and Local Government ,
State Labor Laws ,
Transportation Industry ,
TRO ,
Trucking Industry ,
Unduly Burdensome
We recently wrote about a new California law set to go into effect on January 1, 2020 that would outlaw mandatory arbitration agreements with employees....more
12/31/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Disputes ,
Labor Regulations ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
Restraining Orders ,
State and Local Government ,
State Labor Laws ,
TRO