In a welcome development for employers, Secretary of Labor Alexander Acosta announced today that the U.S. Department of Labor (USDOL) was immediately withdrawing guidance published during the Obama administration that had...more
6/8/2017
/ Corporate Counsel ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Interpretive Opinions ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Misclassification ,
NLRA ,
Obama Administration ,
Secretary of Labor ,
Trump Administration
Gig economy companies in Texas were on the receiving end of two pieces of good news in the last several weeks. Most recently, the state legislature passed and the governor signed into law a bill that will all but assure...more
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month...more
5/5/2017
/ Computer Programmers ,
Corporate Counsel ,
Drivers ,
Equal Employment Opportunity Commission (EEOC) ,
Facebook ,
Gig Economy ,
H-1B ,
Hiring & Firing ,
Immigration Reform ,
Independent Contractors ,
LGBTQ ,
Misclassification ,
NLRB ,
Obscenity ,
On-Demand Services ,
OSHA ,
Protected Concerted Activity ,
Salary/Wage History ,
SCOTUS ,
Secretary of Labor ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Sovereign Immunity ,
State Labor Laws ,
Subpoenas ,
Title VII ,
Tribal Employees ,
Trump Administration ,
Unions ,
USCIS ,
Young Lawyers
I wrote an article yesterday about the new law that is about to be signed by Florida Governor Rick Scott that will ensure ride-sharing drivers are classified as independent contractors and not employees. You can check out the...more
4/27/2017
/ Drivers ,
Flexible Work Arrangements ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Non-Exclusive Work Arrangements ,
Ridesharing ,
Sharing Economy ,
State and Local Government ,
Written Agreements
The state of Florida is about to enact first-of-its-kind legislation that will ensure most ride-sharing drivers are independent contractors and not employees, eliminating costly misclassification battles and providing a...more
Ruling In Favor Of Independent Contractor Status Provides Boost To Gig Economy -
A federal appeals court in New York handed a massive victory to a car service enterprise yesterday, ruling that a group of workers...more
This is a big deal The 2nd Circuit Court of Appeals came down in favor of a sharing economy business in a misclassification case yesterday, ruling that a group of black-car drivers were independent contractors and not...more
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. March 2017 was another month...more
4/11/2017
/ Affordable Care Act ,
Banks ,
Blacklist ,
Cybersecurity ,
Department of Labor (DOL) ,
E-Verify ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Gender Identity ,
IDEA ,
Independent Contractors ,
Labor Law Violations ,
Lyft ,
Misclassification ,
NLRB ,
NLRB v SW General ,
NYDFS ,
OSHA ,
Popular ,
Portal ,
Preliminary Injunctions ,
Presidential Appointments ,
Protests ,
Ridesharing ,
SCOTUS ,
Secretary of Labor ,
Senate Confirmation Hearings ,
Sexual Orientation Discrimination ,
Sharing Economy ,
Title VII ,
Transparency ,
Travel Ban ,
Trump Administration ,
Uber ,
Volks Rule ,
WARN Act
We’ve written before about a proposal in New York that would permit gig companies to pay into a benefit fund for workers allowing them freedom to develop portable benefits; now, Washington state is considering a similar...more
Late last week, a federal court judge in California approved a settlement agreement whereby ride-sharing company Lyft agreed to pay $27 million to approximately 95,000 California drivers who alleged they were misclassified as...more
According to a recent survey by Randstad US, an HR and staffing services company a growing number of workers prefer to be known as “contributors” rather than employees or independent contractors. Reflecting a restlessness in...more
I coauthored an article last week about Uber’s big misclassification victory in a California court. This decision has not (yet) received the national attention it deserves, probably because of the procedural quirks involved...more
A California court quietly granted ride-sharing giant Uber a significant victory last week in the ongoing misclassification battle over whether its drivers are properly classified as independent contractors. Although this...more
With one of his last official actions as Secretary of Labor, Thomas Perez published a “Memorandum to the American People” touting his accomplishments over the past four years and providing his suggestions for the incoming...more
The New York Times reported yesterday that two Uber drivers were awarded unemployment benefits by the New York State Department of Labor. While the rulings were made earlier this summer in August and September, they had not...more
A few days ago, Uber won a significant battle when the 9th Circuit Court of Appeals overturned a lower court’s decision and upheld the company’s arbitration agreements. No doubt about it, this is a big win. You might remember...more
In a surprising development, a federal court judge rejected a proposed settlement yesterday which would have seen gig giant Uber pay up to $100 million to resolve a series of legal claims challenging its classification model,...more
The year is 2020. In a futuristic America plagued by employment lawsuits, the federal government sanctions a three-year period in which all gig economy companies are exempt from labor and employment laws. Internet-based...more
The ride-sharing company Uber recently announced a preliminary $100 million agreement to settle claims alleging that it improperly classifies its workforce as independent contractors. Because the settlement involves the...more
The world of labor and employment law is always rapidly evolving. In order to make sure that you stay on top of the latest developments, here is a quick review of the five biggest stories from last month that all employers...more
5/3/2016
/ EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
First Amendment ,
Freedom of Religion ,
Heffernan v City of Paterson ,
Independent Contractors ,
LGBTQ ,
Misclassification ,
Parental Leave ,
Public Employees ,
Restroom Legislation ,
SCOTUS ,
Uber ,
Wage and Hour
The ride-sharing company Uber recently announced a preliminary $100 million agreement to settle claims alleging that it improperly classifies its workforce as independent contractors. Because the settlement involves the...more