News & Analysis as of

CA Supreme Court Appeals Gig Economy

Snell & Wilmer

Not So Fast: California Judge Strikes Down Proposition 22, Finding That Rideshare and Delivery Drivers Are Employees—Not...

Snell & Wilmer on

The road to independent contractor status for rideshare and food delivery drivers working for companies like Uber, Lyft, and Grubhub in California has been neither smooth nor inexpensive. After spending more than $200 million...more

Fisher Phillips

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

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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

ArentFox Schiff

California Trucking Industry Faces Continuing Legal Uncertainty After the California Court of Appeal Finds the Expanded AB 5 ‘ABC’...

ArentFox Schiff on

In the latest Chapter of the continuing saga of whether the Federal Aviation Administration Authorization Act (FAAAA) of 1994 preempts either California’s expanded Dynamex “ABC” test set forth in AB 5 or the recent statutory...more

Fisher Phillips

Grubhub Decision Put On Ice As Retroactivity Question Looms

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You’ve been waiting quite a long time for a critical ruling from the 9th Circuit Court of Appeals on the very fabric of the gig economy model – and you’re going to have wait even longer. The appeals court just announced late...more

Payne & Fears

Ninth Circuit Backtracks On Dynamex Retroactivity

Payne & Fears on

As we previously reported, on May 2, 2019, the Ninth Circuit Court of Appeals in Vazquez v. Jan-Pro Franchising Int'l, No. 17-16096, held that the California Supreme Court's landmark decision in Dynamex Operations West, Inc....more

Fisher Phillips

9th Circuit Kicks Dynamex Retroactivity Question To State High Court

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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

Nilan Johnson Lewis PA

Ninth Circuit Applies Dynamex Retroactively

On Thursday, May 2, the Ninth Circuit issued a significant decision holding that the California Supreme Court’s recent Dynamex ruling applies retroactively. Recall that in Dynamex, California’s highest court rejected a...more

Fisher Phillips

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

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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

McDermott Will & Emery

Worker Classification: Complications Beyond the Front Page

California’s Dynamex Rolls Out The ABC Test And The Presumption Of Employment - ? The burden is placed on the employer to prove IC status ? Individual is deemed an employee unless employer demonstrates prongs A, B, and...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Fisher Phillips

The Ghost of Borello Returns This Halloween! Court Holds Dynamex ABC Test Applies Only to Wage Order Claims

Fisher Phillips on

As we have covered extensively, the California Supreme Court dropped a proverbial bomb earlier this year in the Dynamex case when it adopted a new legal standard known as the “ABC Test,” making it much more difficult for...more

Fisher Phillips

Web Exclusive: August 2018: The Top 15 Labor And Employment Law Stories

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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

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

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

Fisher Phillips

Grubhub Fights Back, Argues That Gig Companies Should Not Be Retroactively Tagged With Misclassification Liability In A...

Fisher Phillips on

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

Fisher Phillips

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

Fisher Phillips on

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 were an unprecedented number of changes all through 2017. And if the first four months...more

Fisher Phillips

Will New Misclassification Standard Wipe The Grubhub Trial Victory Off The Books? Plaintiff Takes First Step Under ABC Test

Fisher Phillips on

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

Sheppard Mullin Richter & Hampton LLP

The Dynamex Decision: The California Supreme Court Restricts Use of Independent Contractors

On Monday, April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles. In a voluminous, 82-page decision, the California Supreme...more

Fisher Phillips

Web Exclusive: March 2018: The Top 13 Labor And Employment Law Stories

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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 were an unprecedented number of changes all through 2017. And if the first three months...more

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