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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

Congress May Soon Provide Sexual Harassment Coverage For Gig Workers

Last week was a big week when it comes to shining the spotlight on sexual harassment in the gig economy arena. On Thursday, Nathan Heller wrote a piece for the New Yorker that garnered a lot of attention entitled, “The Gig...more

Interesting Pennsylvania Court Decision May Further Expand Pool Of Gig Workers

A state appellate court in Pennsylvania issued a ruling yesterday that should further aid the growth of the gig economy in the state, and if its reasoning is followed by courts in other states, could offer another helping...more

What A Government Shutdown Would Mean For Employers

If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? A look back at the most recent government shutdown will provide...more

Labor Department Initiative Could Permit Gig Workers To Obtain Healthcare Benefits

Among my list of “must-read” workplace law summaries is the weekly “Punching In” column put out by Chris Opfer and Ben Penn over at Bloomberg Law’s Labor and Employment Blog every Monday morning. This week’s edition contains...more

Grubhub Trial Decision Could Be Delayed For A Very Scary Reason

The first few days of 2018 might not be going to plan for those gig economy businesses hoping that the new year might bring some relief in the seemingly never-ending misclassification struggle. As we sit on pins and needles...more

“M,” “F,” Or “X”? Nonbinary Gender Designations In The Workplace

You are probably familiar with the concept of transgender status and, even if you haven’t already addressed such a situation at your workplace, you probably have a rough idea of how you would handle a situation involving an...more

New Tax Reform Law Will Benefit Freelance Workers And Lead To Further Growth Of Gig Economy

We recently ran an article about some major developments that will impact all employers as a result of the recently passed tax reform bill. But now you might be asking what specific changes might be in store for gig economy...more

Tax Reform Law Includes Paid Leave, Sexual Harassment Settlement Provisions

The Tax Cuts and Jobs Act (H.R. 1), passed by Congress on December 20 and expected to be signed into law by President Trump in the coming days, contains several provisions that will directly impact employers and workplace...more

Did Gig Economy Growth Contribute To Strong November Jobs Report?

By most objective measurements, the Labor Department’s December 4 jobs report was solid. CNN Money reported that employers added 228,000 jobs in November, while the unemployment rate remained at a 17-year low of 4.1%....more

Web Exclusive: The Die Hard Survival Guide To This Year’s Office Holiday Party

While you can debate all you want about whether 1988’s Die Hard is a Christmas movie (it is – don’t fight us on this point), you can’t disagree with the fact that the movie depicts one of the all-time most memorable office...more

EEOC Earns First-Ever Title VII Court Win In LGBT Discrimination Case - 3 Things Employers Need To Know About Landmark LGBT Ruling

The federal watchdog agency that oversees federal antidiscrimination law just scored a milestone victory when a judge awarded $55,500 to a telemarketer who alleged to have been forced off the job because of sexual orientation...more

Too Good To Be True – Senate Tax Reform Bill No Longer Includes Gig Economy Shield

Bad news out of Washington, D.C. late yesterday. Chris Opfer of Bloomberg BNA reports that the current version of the Senate tax reform bill, released yesterday, no longer includes the protection that had initially been...more

Anarchy In The UK: What Does November 10th Milestone Misclassification Ruling Mean For American Gig Economy Companies?

While misclassification battles over the status of gig economy workers rage here in the United States, we are by no means the only country grappling with these thorny 21st-century legal issues. On Novemeber 10th, in fact, an...more

Bad Break: Oregon Employer Pays Quarter-Million Dollar Wage & Hour Fine

The Oregon state agency charged with enforcing the state’s wage and hour laws has announced the largest civil penalty against an employer in its long history – nearly $277,000. According to the Oregon Bureau of Labor and...more

Could Congress Soon Swoop In To Aid The Gig Economy?

Reports out of Washington, D.C. indicate that gig economy businesses could be in for an end-of-the-year treat in the form of game-changing legislation. Chris Opfer and Tyrone Richardson of Bloomberg BNA report that Senate...more

Federal Paid Leave Proposal Introduced In Congress - Workflex In The 21st Century Act Would Solve Local Law Patchwork Problem

If a proposal introduced in the U.S. House of Representatives yesterday were to pass Congress and be signed into law by President Trump, the country’s employers would find themselves facing the first-ever federal paid leave...more

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