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Drivers Independent Contractors

Foley & Lardner LLP

California Supreme Court Upholds App-Based Driver Worker Classification Statute

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On July 25, 2024, the California Supreme Court issued an opinion upholding the statewide ballot measure that classifies app-based drivers as independent contractors. Voters passed the law (also known as Proposition 22) in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Digital Platforms, Beware of the Evolving EU Platform Work Directive

After more than two years of legislative highs and lows for the European Union’s proposed Platform Work Directive, the EU may be inching closer to adopting regulations on the classification of platform workers, such as...more

BakerHostetler

Second Circuit Again Considers if Bakery Goods Drivers Are Excluded Under the FAA Because They Are “Transportation Workers”. The...

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While the Supreme Court’s opinion in Southwest Airlines Co. v. Saxon, 142 S. Ct. 1783 (2022), brought needed clarity to the analysis of the class of workers excluded as “transportation workers” by the residual clause of the...more

Jackson Lewis P.C.

App-Based Companies Must ‘Pay Up’ in Seattle

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Shortly after the Washington State legislature approved legislation that sets minimum wage and other benefits for gig drivers of rideshare companies, the City of Seattle passed the first of a series of bills that ask...more

Perkins Coie

California’s Prop 22 Passage Allows Tech-Based Companies to Classify Drivers as Contractors

Perkins Coie on

On Election Day 2020, California voters approved Proposition 22 which allows some gig economy companies to continue to classify drivers as independent contractors. These app-based drivers also will be guaranteed minimum...more

Amundsen Davis LLC

California Court Re-Classifies Independent Drivers As Employees Pursuant To AB5

Amundsen Davis LLC on

On Monday August 10, 2020, Judge Ethan Schulman of the California Superior Court issued an injunction against Uber and Lyft ordering them to classify drivers as employees and not as independent contractors. The order follows...more

Skadden, Arps, Slate, Meagher & Flom LLP

French Labor News - April 2020

This is the first issue of our monthly newsletter detailing recent important legislative developments, case law and events regarding labor law in France. This edition focuses on recent decisions rendered by French courts,...more

Latham & Watkins LLP

L’arrêt « Uber » : nouveau coup dur pour les plateformes

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Dans un arrêt du 4 mars 2020 (n° 19-13.316), voué à une large publication, la Cour de cassation reconnaît le statut de salarié à un chauffeur Uber. Un peu plus d’un an après l’arrêt Take Eat Easy (Cass. soc. 28 novembre...more

Epstein Becker & Green

Court to Consider Whether California Ride Share Drivers Who Make Airport Runs Are Exempt from the Federal Arbitration Act

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On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more

Fisher Phillips

Seattle Creates Minimum Wage For Gig Economy Drivers

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Seattle just joined New York City as one of the few locations in the country to pass minimum wage legislation for ride-share drivers, the city’s latest attempt to regulate the gig economy. Under the “Fair Share” program...more

Payne & Fears

Key California Employment Law Cases: October 2019

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Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239, 253 Cal. Rptr. 3d 798 (2019) - Summary:  Term “regular rate of compensation” for calculating meal or rest break premium payments is not synonymous with term...more

Ballard Spahr LLP

NJ DOL Bills Uber $650M for Misclassified Drivers

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The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

Fisher Phillips

Truckers Seek To Toss California’s New Gig Economy Law

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We’re now just a few weeks away from the nation’s most stringent independent contractor misclassification law taking effect in California. But if a group of truck drivers have their way, the law will stall out before it ever...more

Bradley Arant Boult Cummings LLP

But We Tried to Do It Right! Stand-Alone Misclassification of Independent Contractor May Not Be a Violation

Recently, the National Labor Relations Board (NLRB) issued another pro-employer decision, resolving an issue at the forefront of employment law, independent contractor classification. In Velox Express, Inc. and Jeannie Edge,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Spring 2019

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the spring 2019 issue of the Practical NLRB Advisor. This edition provides a close look at the development of the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - May 2019

This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more

McAfee & Taft

DOL, NLRB weigh in on classification status of gig economy workers

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While temporary positions, such as freelancing and seasonal jobs, have been around forever, the “gig economy” – the sector of the service industry that provides flexible, non-traditional working opportunities – has grown...more

Proskauer - Labor Relations Update

NLRB Office of the General Counsel Advises that Uber Drivers Are Not Statutory “Employees”

In an Advice Memorandum dated April 16, 2019, but released on May 14, 2019, the NLRB’s General Counsel staked out a position in one of the most contentious and influential questions in labor and employment law today: Whether...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Third Circuit Rules That FAAAA Does Not Preempt New Jersey’s ABC Test for Determining Independent Contractor Status

On January 29, 2019, the Third Circuit Court of Appeals concluded that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt New Jersey’s ABC test for determining whether a worker is an...more

Obermayer Rebmann Maxwell & Hippel LLP

NLRB Rides the SuperShuttle Back to the Common-Law Test for Independent Contractors

On January 25, 2019, the National Labor Relations Board (NLRB) issued an opinion in SuperShuttle DFW, Inc., holding that SuperShuttle DFW franchisees are independent contractors rather than employees and therefore not...more

Benesch

InterConnect FLASH! No. 72 - Predicting ABC Outcomes is not That Easy: A Tale of Two States

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In November, we documented a number of 2018 independent contractor-related developments in New Jersey since Democratic Governor Phil Murphy’s inauguration in January, one of which was the filing by the NJDOL in August of an...more

UB Greensfelder LLP

The NLRB Returns to a Business-Friendly Independent-Contractor Test

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Last week’s National Labor Relations Board (“NLRB”) ruling is good news for businesses that currently use or plan to use contract labor as part of their workforce. The Board returned to its traditional test for determining...more

Parker Poe Adams & Bernstein LLP

NLRB Overturns 2014 Independent Contractor Test

In a decision with major implications for companies in the “gig economy,” on January 25 the National Labor Relations Board reversed an Obama-era case that established a tougher test for companies to contend that their workers...more

Sheppard Mullin Richter & Hampton LLP

National Labor Relations Board Issues Decision Overruling Obama-Era Independent Contractor Test: What This Means For (Putative)...

In a business-friendly decision issued on January 25, 2019, the National Labor Relations Board (“NLRB” or “Board”) revised its test for determining whether putative independent contractors are exempt from coverage under the...more

Miller Canfield

More Workers Likely To Be Considered Independent Contractors and Not Employees, Under NLRB's New Ruling

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The National Labor Relations Board ("the Board") has revised the standard for determining who are independent contractors excluded from the National Labor Relations Act's ("the Act") protections, meaning more workers are...more

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