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August 2020: The Top 17 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Rideshare Companies Get Last-Minute California Reprieve – But Pivotal Gig Economy Appeal Will Be Heard At Warp Speed

Just a few hours before they were subject to a court order forcing them to transform all of their drivers from independent contractors to employees, a California appeals court spared the nation’s two largest rideshare...more

Battle Lines Drawn: Another Appeals Court Rules That Drivers Can Escape Arbitration, Furthering National Split For Gig Economy...

Gig economy companies received bad news yesterday when yet another federal appeals court ruled that delivery drivers – even independent contractors – can escape otherwise valid arbitration agreements. This is now the third...more

Is This The New Normal For Gig Economy Companies? San Francisco Seeks To Force DoorDash To Classify Workers As Employees

Last week’s successful effort by California’s Attorney General to obtain an injunction forcing two ride-sharing giants to reclassify their drivers as employees may be the beginning of a trend that threatens to create a new...more

Bloomberg Law Reports DOL Misclassification Rule Could Be In Jeopardy

A report by Ben Penn in Thursday’s Bloomberg Law casts serious doubt about whether the Department of Labor will proceed with a misclassification rule before the end of this presidential term. We reported last month that the...more

Uber CEO Calls For Third Worker Classification

In an op-ed appearing in yesterday’s N.Y. Times, Uber CEO Dara Khosrowshahi echoes what we have been saying on this blog for quite some time – that it is time for federal and state lawmakers to tear down the existing...more

California Judge Hands Stinging Loss To Gig Economy Companies - 5 Takeaways From Ruling Ordering Ride-Sharing Drivers To Be...

A California state court judge just handed a potentially groundbreaking loss to gig economy companies across the state by granting an injunction forcing the two biggest ride-sharing companies in the nation to classify their...more

Federal Appeals Court Hands Gig Companies Best New Prime News Yet, Requiring Grubhub Workers To Arbitrate Dispute

A federal appeals court just handed Grubhub – and gig economy companies in general – a pivotal victory by narrowly interpreting an exception allowing certain transportation workers (including independent contractors) to...more

Gig Economy Companies May Soon Get Benefit Of Federal Misclassification Rule

The formal regulatory notice released July 1st, 2020, is so short and sterile that the average gig economy business could be forgiven for ignoring it: “The Department of Labor is proposing a regulation for determining...more

EXCLUSIVE: California Budgets Over $17M To Enforce Misclassification Law

In a budget deal finalized today and expected to be approved by state lawmakers in a matter of days, the California state legislature has reached an agreement that will see $17.5 million allocated toward enforcement of AB-5...more

San Francisco Files Misclassification Lawsuit Against DoorDash And Promises More Litigation Is To Come

San Francisco ratcheted up the pressure on California gig economy companies by not only filing a misclassification lawsuit against DoorDash, but promising that more such litigation was to come against other companies. Upon...more

Panelists Debate Gig Economy Issues At Albany Law School Virtual Conference

I was able to virtually attend a session of Albany Law School’s 2020 Warren M. Anderson Legislative Seminar Series last week on “The Gig Economy,” bringing together some of the nation’s foremost thought leaders on the subject...more

Massachusetts Court Has Bad “Prong B” News For Gig Businesses

A federal court judge in Massachusetts just rejected Lyft’s attempt to escape the reach of Prong B of the ABC Test, indicating it was “likely” that its rideshare drivers are employees and not independent contractors. The news...more

Would The Mandalorian Be Considered An Employee Under California’s Misclassification Test?

Not so long ago – 2019, to be exact – in a state not so far, far away – California – lawmakers passed the nation’s most controversial misclassification law to sweep as many independent contractors into employee status as...more

Voters Will Have Say Over California Misclassification Law Come November

Over a million Californians have said they want a chance to vote on the misclassification law that threatens to upend the gig economy as we know it – and that means that their wish will soon be granted. Thanks to a...more

Judge Forces Instacart To Reclassify Workers As Employees – But Not This Instant

Gig economy company Instacart lost the latest round of its misclassification battle in San Diego Monday, as a California state court judge granted a preliminary injunction forcing it to reclassify its independent contractor...more

The U.S. House Wants The ABC Test Adopted On A National Scale. The Senate? Not So Much.

My colleague Todd Lyon wrote an excellent piece earlier this week about the House of Representatives passing the PRO Act, essentially a “wish list” for labor advocates seeking to tip the scales back towards unions. One of the...more

Court Rejects Gig Economy Attempt To Block New California Misclassification Law

A federal court judge today denied a request by several gig economy giants (and a few contractors) to block AB-5, the new misclassification law in California that codifies the ABC test and makes it much more difficult to...more

Instacart Beats Back Attempt By San Diego To Force Reclassification Of Workers

A gig economy business just prevailed in the first round of a misclassification legal battle worth keeping your eye on. A state court judge in California rejected San Diego’s effort to use the state’s unfair competition law...more

New Jersey Ramps Up Misclassification Laws, But Businesses Dodge Bullet (For Now)

New Jersey businesses will now face an increased slate of potential penalties for misclassification violations thanks to a series of bills just signed into effect by Governor Phil Murphy, but gig economy companies can breathe...more

California Truckers Get Biggest Misclassification Win Yet; Gig Economy Companies Await Their Fate

The federal court that had granted a temporary restraining order on New Year’s Eve blocking California’s misclassification law from taking effect against the trucking industry just extended that ruling by granting a...more

Last-Minute Court Ruling Sees Truckers Spared From California Misclassification Law

A federal judge took a pause from his New Year’s Eve revelries to hand a big victory to California truckers, blocking the state’s new misclassification law from impacting them before the January 1 effective date arrived....more

Gig Economy Giants Try To Block California’s New Misclassification Law

The truck drivers were the first group to take aim at AB5 through a lawsuit, and the freelancers followed suit. Soon before the clock strikes midnight to ring in the new year, two giants of the gig economy fired their own...more

Freelancer Writers Are The Latest Group To Challenge California’s Gig Economy Law – But Will It Do Any Good?

The clock is steadily ticking towards midnight on December 31, and once the illuminated cluster of grapes drops from the Temecula Civic Center clock tower (this is actually a thing) and rings in the new year in California,...more

Congressional “Future Of Work” Initiative May Have Bipartisan Future

We’ve written about the “Future of Work” efforts recently undertaken by Congress – a series of hearings aimed at discussing various issues that we can expect to impact workplaces in the near future. And according to a recent...more

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