News & Analysis as of

Gig Economy

Employment news - May 2018

by Hogan Lovells on

No need to know that reason for unfavourable treatment arises from disability - Employees can only succeed with a claim of unfavourable treatment arising from a disability if the employer knows that they have a disability....more

Healthcare Industry Companies Must Be Wary of Classifying Any Workers As Independent Contractors, In Light of the California...

As you may have seen in our recent article on the Labor and Employment Law Blog, the California Supreme Court recently issued a landmark decision in the case of Dynamex Operations West, Inc. v. Superior Court. In its ruling,...more

The Dynamex Fallout: Independent Contractor Classifications Endangered - California Employers Should Heed Recent State Supreme...

by Best Best & Krieger LLP on

In a unanimous ruling, the California Supreme Court in Dynamex Operations West v. Superior Court rejected the decades-old Borello test for determining whether workers should be classified as employees or independent...more

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

by 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

CA Supreme Court Decision Calls for Reevaluation of Worker Classifications

by Ballard Spahr LLP on

Businesses with employees in California may need to reevaluate whether their workers are independent contractors or employees in light of a recent decision by the California Supreme Court. ...more

Dear Boss: I'm sick. Please Don't Pay Me. Sincerely...

by Lewitt Hackman on

This may not be the best time of year to talk about sick leave. The days are longer. The sun is shining. The weather is hotter. And, workplaces... well, they don’t really change by the season. So maybe it is appropriate to...more

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

by 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

New Report To Update Decade-Old Data On The Nation’s Gig Economy Workforce

by Fisher Phillips on

How much has the gig economy changed in the last 13 years? We’re (finally) about to find out. According to Tyrone Richardson at Bloomberg Law, the United States Department of Labor’s Bureau of Labor Statistics (BLS) is...more

Did the California Supreme Court Instantly Poison the Gig Economy?

by Nilan Johnson Lewis PA on

On April 30, 2018, the California Supreme Court issued a ruling in Dynamex Operations West, Inc. v Superior Court that will make classification of workers more complex and threaten the gig economy business model. The Court...more

Game On! Federal Appeals Court Revives Antitrust Challenge to Seattle’s Gig Worker Union Organizing Ordinance

by Fisher Phillips on

If you’ve been following the legal fight over Seattle’s 2015 proposal to permit ride-sharing drivers who work for companies such as Uber and Lyft to organize and form the country’s first gig economy unions, you might feel...more

Is the South African labour market ready to embrace the gig economy

by Hogan Lovells on

The gig economy is the "new kid on the block". The concept "gig economy" is a labour market characterised by freelance and flexible work rather than the traditional nine-to-five working model. ...more

Suffering the ABCs of independent contractors

by DLA Piper on

On April 30, 2018, the California Supreme Court adopted a new test for determining whether a worker should be classified as an independent contractor or an employee. Application of this test is expected to expand the universe...more

California Supreme Court Makes It More Difficult for Employers to Classify Workers as Independent Contractors

by Stoel Rives LLP on

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

So You Think You’ve Got Independent Contractors? Well, Think Again

by LeClairRyan on

Virginia law requires most employers to carry workers’ compensation insurance in order to provide specific benefits to workers injured during the course of their work and to provide employers with protection from civil suits...more

Shots Fired: First Post-Dynamex Lawsuits Filed Against Gig Companies

by Fisher Phillips on

The ink on the Dynamex court decision is barely dry, but plaintiffs’ attorneys are not wasting any time in taking advantage of the new misclassification standard established for California businesses. In a pair of lawsuits...more

Senator Bernie Sanders Introduces Bill To Overhaul The Gig Economy

by Fisher Phillips on

As if gig businesses haven’t had enough bad news to digest in the past few weeks... fresh off the heels of the California Supreme Court’s decision in the Dynamex Operations case, members of Congress are now focusing on...more

California Supreme Court adopts broad "ABC" test for determining employment relationship

by DLA Piper on

In a long-awaited decision, the California Supreme Court, on April 30, 2018, issued its opinion in Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County, a case involving the test to be applied under...more

Are All Independent Contractors Now Employees?

by Ervin Cohen & Jessup LLP on

Last week the California Supreme Court issued a decision that changes the way California employers do business. In Dynamex Operations West, Inc. v. Superior Court, the Court held that a three factor test (called the “ABC...more

Upending the Gig Economy?

California Supreme Court’s new Dynamex test may throw a wrench into business models that rely on independent contractors. The California Supreme Court has imposed a new test for determining who is an independent contractor...more

California Adopts Stricter Test for Independent Contractor Status

by Pepper Hamilton LLP on

On April 30, the California Supreme Court adopted a new and more onerous test (the ABC test) for determining whether individuals are employees or independent contractors. In its decision in Dynamex Operations West, Inc. v....more

Domino’s Pizza Delivery Drivers File Lawsuits Against Three Colorado Franchises

Three wage and hour lawsuits were filed recently by food delivery drivers as class and collective actions against three Colorado-based Domino’s Pizza franchise groups. The lawsuits, which were “delivered” to federal court on...more

Three Future Trends Every Gig Business Should Know About

by Fisher Phillips on

As of a few months ago, there were approximately 127.7 million full-time gig workers in the United States. And with statistics supporting continued growth into the future, upstart businesses, traditional businesses, and every...more

California Supreme Court Dramatically Reshapes California Worker Classification Laws

by Fenwick & West LLP on

The California Supreme Court issued a landmark decision in Dynamex Operations West v. Superior Court of Los Angeles, imposing a simplified but more burdensome test that businesses must satisfy to justify contractor status,...more

California Supreme Court Redefines Independent Contractor Analysis

On April 30, 2018, the California Supreme Court issued its ruling in Dynamex Operations West, Inc. v. Superior Court, completely overhauling (but not overruling) the independent contractor standard previously set forth in the...more

Examining the Dynamex ‘ABC Test’ by Various On-Demand Worker Types

by Fisher Phillips on

The California Supreme Court issued its long-awaited decision in Dynamex Operations West, Inc. v. Superior Court last week. The weight of the court’s decision to apply a three-prong test to determine whether a worker is an...more

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