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SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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

Gig Economy Snapshot: Did Businesses Dodge Bullet with New Independent Contractor Rule?

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

New Congressional Bill Would Create Hybrid Job Classification for Gig Workers – But is Already Facing Stiff Opposition

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

What Will 2022 Bring for the Gig Economy?

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

Unhappy New Year for Gig Economy Companies? Labor Board Will Reconsider Independent Contractor Standard in 2022

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

Judge Strikes Down California’s Prop 22 – Will Gig Companies Need to Classify App-Based Drivers as Employees?

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

New Labor Secretary Says Gig Economy Workers Should Be Classified As Employees

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

Business Groups Sue Feds In Effort To Revive Gig Economy Rule

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

Connecticut’s Proposed Worker Bargaining Law Would Transform Gig Economy As We Know It

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

White House Takes Next Step At Wiping Out Trump-Era Gig Economy Rule

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

Biden DOL Shreds Trump-Era Gig Economy Guidance Letter

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

Once-Pivotal Grubhub Case Back On The Court Docket – But Has The Gig Economy Moved On?

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

Biden’s Ambitious Plan To Take On The Gig Economy May Run Into An Unlikely Snag: His Own Party

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

Gig Economy Rule Faces Very Uncertain Future

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

DOL’s New Independent Contractor Rule Could Be DOA

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

Businesses Could Get Gift Of Gig Economy Rule Under The Christmas Tree This Year

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

DoorDash CEO Calls For 3-Step Plan To Modernize Workplace Law To Match Gig Innovation

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

5 Biggest Questions After California Voters Pass Landmark Gig Economy Law

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

What Can The Gig Economy Expect Under President Biden?

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 Big Win For Gig Companies, California Voters Approve Proposition 22

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

California Appeals Court Orders Rideshare Drivers To Be Classified As Employees

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

We Won’t Have To Wait Very Much Longer For Final Gig Economy Rule

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

Trump v. Biden: A Workplace Law Preview

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

5 Most Significant Gig Economy Developments In September

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

Proposed Federal Rule Aims To Make It Easier To Classify Workers As Independent Contractors

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

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