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Grubhub Fights Back, Argues That Gig Companies Should Not Be Retroactively Tagged With Misclassification Liability In A...

Now that sports betting has been legalized by the Supreme Court, I might want to consider laying some action on an upcoming game, because I am on fire with my recent predictions. In a blog post from last week, I correctly...more

Labor Board Might Soon Issue New Rule To Solve Joint Employment Dilemma

In a rare procedural move that caught many by surprise, the National Labor Relations Board announced on Wednesday that it will soon start the rulemaking process to clarify the current joint employment standard. Perhaps...more

Shots Fired: First Post-Dynamex Lawsuits Filed Against Gig Companies

The ink on the Dynamex court decision is barely dry, but plaintiffs’ attorneys are not wasting any time in taking advantage of the new misclassification standard established for California businesses. In a pair of lawsuits...more

Will New Misclassification Standard Wipe The Grubhub Trial Victory Off The Books? Plaintiff Takes First Step Under ABC Test

Late Friday afternoon, the attorneys for the worker who came out on the losing end of the Grubhub misclassification trial asked the appeals court to return the case to the lower court for a new hearing. Their reasoning? Last...more

Federal Appeals Court Makes It Easier For Workers To Advance Class Claims

The 9th Circuit Court of Appeals has lowered the bar when it comes to the type of evidence plaintiffs need to present in order to have their claims certified as a class action. The federal appeals court panel ruled that...more

Would These Star Wars Characters Be Contractors Or Employees Under The New “ABC” Test?

May the 4th has become known as Star Wars Day given the movie franchise’s most famous tag line. Today provides an opportunity for us to examine a recent employment law development of massive significance—a great disturbance...more

Spring Is In The Air! But Telling Your Employees You Love Them Could Cost You $5 Million

19th-century British poet Alfred Tennyson once said, “In the Spring, a young man’s fancy lightly turns to thoughts of love.” And while you might hold a certain amount of affection for your employees this time of year and want...more

Misclassification Doomsday in California: State Supreme Court Adopts Notorious “ABC” Test

My colleague Ashton Riley described it as the “contractor apocalypse.” As I said for an interview in the New York Times, “It’s a massive thing – definitely a game-changer that will force everyone to take a fresh look at the...more

Gig Worker’s Hopes Of Arguing Case In Court Are Dashed By Arbitration Agreement

A delivery driver for gig economy company DoorDash has been ordered by the 5th Circuit Court of Appeals to take his misclassification case to a private arbitrator instead of court pursuant to a valid arbitration agreement he...more

Sustained Economic Growth Means We’ll See Continued Use Of Contract Workers In 2018

According to a recently released study by American Express and Institutional Investor, we can expect to see a slight increase in the use of freelancers and contract workers in the year ahead. “After a strong 2017, economies...more

Another Misclassification Win For Gig Economy Businesses - Pennsylvania Federal Court Finds UberBLACK Drivers Are Contractors

In another victory for gig economy companies reliant upon the independent contractor business model, a Pennsylvania federal court ruled on April 11th that a collection of UberBLACK drivers were properly classified as...more

Labor Board Poised To Even Playing Field Once Again - John Ring’s Confirmation Gives NLRB 3-2 Republican Majority

With the Senate’s confirmation of John Ring to the National Labor Relations Board on April 11 and the administration’s subsequent announcement on April 12 that he will be designated as the agency’s Chair, the Board is once...more

Appeals Court Says Salary History Can’t Block Equal Pay Act Claims

In a landmark decision that will accelerate the growing pay equity movement, especially for employers on the west coast, the 9th Circuit Court of Appeals today became the latest federal court of appeals to rule that employers...more

You Win Some, You Lose Some: A Review Of Some Recent Misclassification Decisions

At the forefront of mind of every gig economy company is the troublesome question of whether its workers are properly classified as independent contractors. Just search our blog for cases involving “misclassification” and...more

Web Exclusive: Master The Modern Method For Managing March Madness

If you work for a certain large company, at any of its many operations across the country, you have the opportunity to enter to win $1 million dollars each year for life when you fill out a March Madness bracket. To hit the...more

An Appealing Update on the Grubhub Misclassification Case

We knew we hadn’t heard the end of this case, but yesterday it’s official: the worker who lost what is believed to be the nation’s first-ever gig economy misclassification trial last month has filed an appeal with the 9th...more

Labor Board Debates Whether To Add Insult To Injury In Misclassification Debate

Imagine one of your worst corporate nightmares comes true: a government body has determined that you have misclassified your workers, and they should be considered employees and not contractors. The ramifications could be...more

Goodbye, Guidance? Feds Limit Power Of Agency Guidance Documents - New Justice Department Policy Could Aid Employers Defending...

A short policy memorandum quietly issued by the U.S. Department of Justice’s No. 3 official late last month could end up having positive implications for employers defending claims brought by the federal government. The...more

States Ask Congress To Prohibit Arbitration In Sex Harassment Claims

A unanimous block of attorneys general from all 50 states and the District of Columbia, not to mention several U.S. territories, sent a letter to Congress on February 12th asking federal lawmakers to prohibit the use of...more

We Might (Finally) Be On The Verge Of Knowing Just How Big The Gig Economy Really Is

According to a report in today’s Washington Examiner, we may be on the verge of getting some hard data that would show just exactly how big the gig economy really is. Reporter Sean Higgins says that the Bureau of Labor...more

A Blueprint For Contractor Classification Success, As Taken From The Grubhub Trial Victory

By now, you’ve probably heard the good news: a federal judge yesterday ruled in favor of Grubhub and pronounced that a delivery driver who was challenging the independent contractor classification model was not, in fact, an...more

Victory For Grubhub In First-Ever Gig Economy Trial - Three Things All Gig Economy Companies Need To Know About Decision

In what is believed to be the first time in our nation’s history that a trial court has reached a judicial merits determination in a gig economy misclassification case, a federal judge in California ruled in favor of the...more

California Supreme Court Weighing Crucial Gig Economy Misclassification Standard

Early last month, we told you that a critical trial ruling in a gig economy misclassification case could be put on hold because a separate court was mulling whether to loosen the test to make it easier for workers to succeed...more

Federal Appeals Court Hears Next Round In Seattle’s Gig Worker Union Organizing Fight

The 9th Circuit Court of Appeals heard argument today over a proposal that would permit ride-sharing drivers who work for companies such as Uber and Lyft to organize and form unions. Given what could be at stake—the potential...more

Champing At The Bit: Can You Pay Your Workers In Bitcoin?

For the first time, a large, publicly traded company—Japanese web-business GMO Internet—has announced that it will soon offer its employees the chance to receive their pay in the world’s most popular cryptocurrency: bitcoin....more

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