The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more
7/18/2024
/ Acheson Hotels LLC v Laufer ,
Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Administrative Remedies ,
Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Arbitration Agreements ,
Chevron Deference ,
Civil Rights Act ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Disability Discrimination ,
Drug Testing ,
Employee Benefits ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Failure to Accommodate ,
Fringe Benefits ,
Government Agencies ,
Hiring & Firing ,
Labor Disputes ,
Labor Relations ,
Lateral Transfers ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Misclassification ,
Muldrow v City of St Louis ,
Murray v UBS Securities LLC ,
NLRA ,
NLRB ,
Over-Time ,
Reinstatement ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
SEC v Jarkesy ,
Sex Discrimination ,
Smith v Spizzirri ,
Standard of Proof ,
Starbucks Corp. v McKinney ,
Statute of Limitations ,
Statutory Interpretation ,
Title VII ,
Unemployment Benefits ,
Unfair Labor Practices ,
Union Organizers ,
Unions ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
Welcome to FP Gig Economy Snapshot, where we take a quick snapshot look at the most significant workplace law developments with an emphasis on how they impact gig economy businesses. This edition focuses on the Department of...more
Answering industry calls for a 21st-century solution to a 21st-century problem, a bipartisan group of federal lawmakers recently introduced a bill in Congress that would create a hybrid job classification for gig economy...more
As gig economy businesses – and other employers that implement gig-like workforce models – gear up for a new year, it’s natural to look ahead and begin to set expectations for what the road ahead might bring. We’ve scoured...more
1/24/2022
/ ABC Test ,
Artificial Intelligence ,
Business Model ,
Delivery Drivers ,
Department of Labor (DOL) ,
Gig Economy ,
Hiring & Firing ,
Human Resources Professionals ,
Independent Contractors ,
Misclassification ,
NLRB ,
Ridesharing ,
Wage and Hour
In one of its final moves of the year, the National Labor Relations Board announced in late December that will reconsider the current legal standard for determining whether workers are independent contractors or employees....more
In an unexpected blow to gig economy companies in California, a state court judge just reversed the will of voters and overturned the law created by ballot measure that ensured that app-based rideshare and delivery drivers...more
8/24/2021
/ Ballot Measures ,
Constitutional Challenges ,
Corporate Counsel ,
Delivery Drivers ,
Employee Definition ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Ridesharing ,
State Constitutions ,
State Labor Laws
Secretary of Labor Marty Walsh didn’t beat around the bush when he provided his first public thoughts about the gig economy workforce since assuming office. In an interview with Reuters released on Thursday, Walsh said “in a...more
If a consortium of businesses have their way, the federal government will be forced to adopt and enforce the rule proposed by the Trump-era Department of Labor that was about to make it easier for businesses to classify their...more
A unique legislative proposal pending in Connecticut would upend the way that gig economy businesses interact with their workers – and has drawn both strong support and vocal dissent from the very group of individuals it is...more
We knew it had been coming, but the Biden recently made it official: the Department of Labor announced it wants to rescind the gig economy rule that was originally crafted under President Trump’s tenure and was about to make...more
The new administration’s efforts to reverse course on many of the gains that gig economy businesses achieved under previous White House leadership took another step friday as the Department of Labor (DOL) withdrew a guidance...more
A federal appeals court just resurrected a pivotal gig economy battle that at one time seemed to be the center of the legal universe – but for a variety of reasons seems much less important these days. The 9th Circuit Court...more
Joe Biden made no secret about his position on the gig economy when he was in campaign mode. “Employer misclassification of ‘gig economy’ workers as independent contractors deprives these workers of legally mandated benefits...more
If it had been released at some other point in time and under different circumstances, perhaps gig economy businesses would be celebrating the release of a federal rule that makes it easier to classify workers as independent...more
The Labor Department finalized a new rule yesterday that aims to make it easier for businesses to classify workers as independent contractors – but the rule faces a very uncertain future given that the Biden administration...more
With only a few weeks left in 2020 and a new administration set to take control of the Department of Labor a few weeks later, companies that rely upon a gig economy business model may be in store for a nice gift this...more
In a recent op-ed penned in Business Insider, DoorDash co-founder and CEO Tony Xu laid out a three-step plan necessary to ensure that our nation’s workplace laws stay current to address the ever-growing gig economy by...more
The dust is beginning to settle after California voters overwhelmingly approved a new test for determining whether app-based rideshare and delivery drivers are considered employees or independent contractors, essentially...more
Now that all major media outlets have projected Joe Biden to be our next president, it is natural to begin to wonder what the next four years might look like for the gig economy. Our firm published a detailed assessment about...more
In one of the most closely watched (and most expensive) fronts in the ongoing battle over employment classification of gig workers, California voters appear to have approved Proposition 22, a ballot measure that confirms the...more
11/4/2020
/ Ballot Measures ,
Delivery Drivers ,
Employee Benefits ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Ridesharing ,
State Labor Laws ,
Wage and Hour
Rideshare companies in California have now been ordered by an appeals court to reclassify their drivers as employees, threatening to upend the very foundation of the gig economy business model that offers flexibility and...more
The Department of Labor has turned down Congressional calls to extend the time period to receive public comments about the proposed independent contractor rule that would make it easier for gig economy businesses and other...more
Either incumbent Donald Trump or challenger Joe Biden will be inaugurated as president on January 20, 2021 – and the impact on workplace law will be significant. Each candidate has provided us with clues (some subtle, some...more
10/9/2020
/ Affordable Care Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Federal Labor Laws ,
Gig Economy ,
Health Insurance ,
Independent Contractors ,
Joe Biden ,
Joint Employers ,
Labor Regulations ,
Medical Leave ,
Misclassification ,
Paid Leave ,
Political Campaigns ,
Political Candidates ,
Presidential Elections ,
Trump Administration ,
Wage and Hour
Gig economy companies across the country had a whirlwind September, as legal developments impacting their business models continued to unfold. Here are the five most significant workplace law developments in the gig economy...more
10/7/2020
/ ABC Test ,
Ballot Measures ,
Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Exceptions ,
Gig Economy ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
New Rules ,
Presidential Nominations ,
Proposed Rules ,
Ridesharing ,
Wage and Hour
What Happened? The Department of Labor just issued a new proposed rule that would make it easier for workers to be classified as independent contractors.
What Does It Mean? The proposed test – which would take effect...more