The Burr Broadcast: New Independent Contractor Rule
In early 2015, New Jersey borrowed the state’s strict ABC test under its unemployment law and adopted it as the new test for independent contractor status under its wage laws. That change in the law was not an act by the...more
Issues related to whether individuals are independent contractors or employees receive significant attention by employers and governmental entities because of the critical impact of misclassification. The U.S. Department of...more
Applying the “economic realities” test, the Fifth Circuit (with jurisdiction over federal courts in Louisiana, Mississippi, and Texas) recently held that a consultant for an oil and gas company was not subject to FLSA...more
What Is the “Gig Economy”? The “gig economy” is the catchall term for an ever-growing range of temporary, flexible, autonomous work arrangements that are often enabled by technology platforms, such as websites or apps that...more
A federal appeals court recently rejected a physician’s employment discrimination lawsuit against a hospital that revoked her privileges because it found her not to be an “employee” eligible to bring such a claim. The lessons...more
We’ve posted on this topic several times before but the battle between independent contractors and employees continues. Here’s a brief refresher on the basics of why proper classification of employees as independent...more
You can have the best independent contractor agreement in the world. You can hire the best gig economy lawyers in the country (ask us, we have some ideas) to draft the absolute crown jewel of a document for you, capturing the...more
Last week was a bad week for gig economy companies in Oregon. It wasn’t just the post-holiday malaise that so many suffer from after having to return to work following a long, relaxing weekend that probably included eating...more
In a significant decision on the status of so-called "gig economy" workers, a California federal judge recently ruled that a former GrubHub Inc. delivery driver was an independent contractor, not an employee....more
Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more