Propel: Under the hood with Uber
#WorkforceWednesday: CA Passes Proposition 22, New Marijuana Laws, New Administration’s Impact on Your Business - Employment Law This Week®
III-38- Part 2 on Employee Marijuana Use and Two Key NLRB Developments
App-based couriers in Mexico are now classified as employees under an amendment to the Federal Labor Law published on December 24, 2024, in the Official Gazette of the Federation (Diario Oficial de la Federación). ...more
Last week, on July 25, 2024, the California Supreme Court in Castellanos v. State of California unanimously upheld Proposition 22, the 2020 ballot measure that allows gig economy businesses like Uber and Lyft to legally...more
On July 25, 2024, the California Supreme Court issued its long-awaited ruling in Castellanos et al., v. State of California and Protect App-Based Drivers and Services, et al., upholding the 2020 voter initiative known as...more
Mexico’s Congress has continued to make progress on several legislative items of importance to employers and employees alike, including, most especially, a proposed reduction in the maximum number of workweek hours....more
The Dutch Supreme Court has just ruled that Deliveroo meal deliverers are not self-employed, but rather “regular” employees. With this decision the Supreme Court confirms the earlier judgments of the Cantonal Court and the...more
On March 13, 2023, in Castellanos v. State of California, the California Court of Appeal handed down a pink unicorn decision in favor of app-based driver and delivery businesses that permits them to properly classify workers...more
The High Court of the Canton of Vaude recently decided that the couriers of an online food ordering and delivery service are in fact employees. Very interestingly, the Court concluded that the digital platform leases them out...more
On September 20, 2021, the Court of Appeals for the Ninth Circuit reversed Grubhub, Inc.’s lower court victory in a class action case involving the alleged misclassification of a former driver. The driver claimed he was...more
Last November, California voters convincingly (almost 60% supporting) enacted Proposition 22. This Proposition was a well-funded effort that allows gig drivers working for companies like Uber, Lyft and Doordash to avoid the...more
On November 4, 2020, Uber, Lyft and Door Dash secured a victory in their expensive campaign to categorize app-based drivers as independent contractors. 55% of California voters voted in favor of Proposition 22, which means...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
On August 10, 2020, a California judge ordered Uber Technologies, Inc. and Lyft Inc., to reclassify their drivers from independent contractors to employees by August 20, 2020. The ruling is the opening salvo in the litigation...more
As we wrote here just several days ago, Californians were facing the seemingly unimaginable this week– the possibility of living without ride share services for the foreseeable future....more
The COVID-19 pandemic has underscored the important role that gig workers play in our economy. At the same time, it also has highlighted the working conditions of gig workers, spurring several states to take action on their...more
We have written here frequently about California’s controversial AB 5 law, which permits companies to treat workers as independent contractors only if they satisfy a stringent “ABC” test....more
On January 2, 2020, the Attorney General for the State of California released the title and summary of Initiative 19-0026—a proposed ballot measure that would overturn the state’s recently enacted independent contractor law,...more
AB 5, California’s hastily passed and controversial independent contractor statute, which codifies the use of an “ABC test,” is set to go into effect on January 1, 2020. Already, the California Trucking Association has filed...more
As we wrote here recently, California’s Governor Gavin Newsom signed a bill known as AB5, which is designed to make it more difficult for companies to treat workers as independent contractors. The new law, which goes into...more
When California’s AB 5 was signed into law last month, a chorus of voices decried the fact that it could radically change the gig economy as we know it. Many contended that the average app-based driver enjoyed being an...more
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
On January 25, 2019, the National Labor Relations Board (“NLRB”) issued its decision in SuperShuttle DFW, Inc. and Amalgamated Transit Union, overturning the Obama-era decision in FedEx Home Delivery, which downplayed the...more
There were only a handful of independent contractor misclassification cases of significance in December, but each of those matters relate to the subject of prior comprehensive posts on this blog....more
In a new ruling with dramatic consequences for the gig economy, the California Supreme Court made it harder to classify workers as independent contractors. For the past thirty years, the test for determining whether a worker...more
For almost 30 years, California courts have primarily used a subjective, multi-factor test in determining whether a worker was properly classified as an employee or independent contractor. In March of this year, the...more
As reported by my colleagues in Proskauer’s California Employment Law Update, the Supreme Court of California established new rules on April 30, 2018 for determining whether a worker is an independent contractor or an...more