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Questions Loom Over Possible Gig Economy Solution In 2019 California Legislature

A California State Senate leader may have thrown cold water on the idea that we will see a 2019 legislative solution to the misclassification debate that would preserve the gig economy workforce model as we know it, but her...more

9th Circuit Kicks Dynamex Retroactivity Question To State High Court

With just a one-page, single-paragraph Order, the 9th Circuit Court of Appeals yesterday provided the faintest glimmer of hope for gig economy businesses everywhere – but especially for those in California. The federal...more

California Bill To Codify ABC Test Passes First Hurdle

Earlier this week, the California Assembly overwhelmingly passed AB5 – a measure that would codify the ABC test introduced to the state in last year’s Dynamex decision, and make life even more challenging for the average gig...more

Good Step For Gig Companies: Advice Memo From NLRB’s General Counsel Concludes That Uber Drivers Are Contractors

It’s been a roller coaster two weeks for gig economy companies. On April 29, the U.S. Department of Labor handed gig economy companies a nice outcome by issuing an opinion letter confirming that typical gig workers are,...more

In Big Loss For Gig Companies, 9th Circuit Says Dynamex And ABC Test Should Be Applied Retroactively

There’s no way to sugarcoat this one. Yesterday the 9th Circuit handed a big loss to gig economy companies by concluding that last year’s Dynamex decision from the California Supreme Court and its wide-reaching ABC test...more

Shadow of Dynamex Creeps Over Uber’s Proposed $20M Million Settlement

Last week, we shared with you the news of Uber’s proposed $20 million settlement to resolve a long-running misclassification claim – the parties agreed to the deal, and they just needed the approval of a federal court judge....more

4 Things You Need To Know About Grubhub Plaintiff’s Reply Brief

Regular readers of this blog know about the Grubhub gig economy misclassification litigation. The quick version: Grubhub squared off with a former driver, Raef Lawson, in the nation’s first-ever gig economy misclassification...more

Next Shot Fired: We’ve Read Grubhub’s 71-Page Appellate Response Brief So You Don’t Have To

The next shot has been fired in the long-running misclassification dispute between plaintiff Raef Lawson and gig economy giant Grubhub, as the company filed its Answering Brief with the 9th Circuit Court of Appeals late...more

Postmates Shows It’s As Easy As 1-2-3 To Ensure Arbitration With Your Contractors

A recent decision from a federal court in California shows that there is a simple three-step process to follow if you want to ensure that your gig workers are found to be subject to your arbitration provisions. The judge’s...more

2 Competing Dynamex Bills To Be Weighed In California Legislature

December 3 was the first day of the new legislative session in California, the first day that members could introduce bills for the 2019-2020 legislative session. If the first day is any indication, there is one issue that...more

Uber Driver Jumps Into Grubhub Battle: 3 Things You Need To Know

The Grubhub misclassification battle, which has dominated gig economy headlines for the past year or so, has taken another interesting turn. An Uber driver has jumped into the fray, offering his opinion about why the 9th...more

3 Takeaways From Grubhub Plaintiff’s Opening Appeals Brief

The first-ever trial on the gig economy misclassification to reach a judicial merits determination has now turned into the first-ever appeal on gig economy misclassification. And late Friday evening, the plaintiff seeking to...more

No Relief In Sight For California Employers Dealing With The Notorious ABC Test

While businesses, chambers of commerce, local leaders, and others have put the full-court press on the California legislature to take action to somehow lessen the impact of the new ABC Test for determining misclassification...more

State Court Concludes ABC Test Should Be Applied Retroactively

You remember the game-changing, earth-shattering, monumental decision from the California Supreme Court a few months ago that fundamentally changes the test to determine whether your workers are independent contractors or...more

Dynamex Ripples Continue To Be Felt: 2 Very Recent Developments

It’s impossible to ignore the reverberations that continue to shake the business landscape after the landmark April 30 Dynamex ruling introduced the notorious ABC test to the California gig economy industry. For those living...more

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

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

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

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

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

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

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

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