#WorkforceWednesday: New AB5 Exemptions, EEOC COVID-19 Updates, Joint-Employer Rule Partially Struck Down - Employment Law This Week®
Episode 13: NYC's New Freelancer Protection Law And The Future Of The On-Demand Economy
The Illinois General Assembly and Governor JB Pritzker have been busy in 2024, enacting significant changes to existing statutes like the Illinois Human Rights Act (the “IHRA”), the Personnel Records Review Act (the “PRRA”),...more
Governor Tim Walz has signed into law significant changes to Minnesota’s independent contractor and employment laws. Effective July 1, all employers, as well as their owners, risk significantly increased penalties for...more
Vetoed in 2022, subsequently signed into law by Governor Kathy Hochul last year, and rolled out with a delay, New York State's Freelance Isn't Free Act (FIFA) finally goes into effect on August 28, 2024. The legislation is...more
On November 22, 2023, New York Governor Kathy Hochul signed the Freelance Isn’t Free Act (the “State Act”), Senate Bill S5026. This new law (codified as a new Section 191-d of the New York Labor Law) will require written...more
Ringing in the new year means a host of new employment laws that are now effective and on the horizon for New York employers. With the state very busy at year-end, employers should take note of new laws impacting the...more
On November 22, 2023, Governor Kathy Hochul of New York State signed into law the “Freelance Isn’t Free Act” (“Act”), which was modeled after a similar law passed in New York City in 2017. The state law becomes effective on...more
There is a general trend in the country to narrow the scope of who can be an independent contractor and to provide such individuals more “rights” concerning their employment, or engagement. More States are passing laws...more
On August 4, 2023, Governor JB Pritzker signed the Freelance Worker Protection Act (FWPA) (HB1122) into law, establishing strict protections for freelance workers. ...more
It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more
The 2023 New York State Legislature recently concluded its legislative session (after being called back for two weeks to consider certain pieces of legislation). The session ended with a flurry of activity relevant to...more
The U.S. Department of Labor yesterday announced a Proposed Rule on the test to determine whether a worker should be classified as an employee or an independent contractor under the Fair Labor Standards Act. The DOL will...more
As the New York State legislative session came to a close, state lawmakers passed a flurry of laws providing protections to workers, ranging from wage protections for freelance workers, prohibitions against absence control...more
Executive Summary: Effective October 1, 2021, Florida businesses will be required to submit new hire information for their independent contractors to the Florida Department of Revenue. This is a significant change for...more
Florida has imposed a substantial new reporting requirement on employers and businesses who utilize independent contractors. Businesses need to be prepared; the new requirement takes effect October 1, 2021....more
On July 8, 2021, N.J. Governor Phil Murphy signed a package of bills expanding the power of the Department of Labor and Workforce Development (DOLWD) to enforce state wage, benefit and tax laws, and enhancing penalties for...more
As expected, the U.S. Department of Labor (DOL) has repealed the Trump-era rule regarding classification of independent contractors. As we discussed here, the Trump-era rule codified the “economic realities test” for use...more
Governor Jim Justice recently signed into law Senate Bill 272, the West Virginia Employment Law Workers Classification Act (the “Act”), which goes into effect on June 9, 2021. The legislation provides standards for...more
On January 14, 2021, the California Supreme Court held that the “ABC Test” for classifying workers as independent contractors applies retroactively. The high court first articulated this standard, which makes it tougher for...more
On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior...more
Since April 2018, when the California Supreme Court issued its Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018) decision, which radically changed the way in which courts differentiated between an...more
Last week, California voters passed several ballot measures impacting businesses on both the state and local levels. Of note are California’s Proposition 22 – which considers app-based drivers for rideshare and delivery...more
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
Welcome to #WorkforceWednesday! This week, worker classification and joint employment are in focus, as California amends AB5 and a federal judge rules on joint-employer liability. New AB5 Exemptions in CA (video attached) ...more
We have written frequently here about AB5, California’s controversial law that creates an “ABC” test that must be satisfied in order for a worker to be treated as an independent contractor. ...more
On Monday night, the California legislature passed Assembly Bill 2257 (AB2257), a clean-up bill to Assembly Bill 5 (AB5). Under AB 2257, musicians, fine artists, freelance writers, photographers, and translators would be...more