News & Analysis as of

Gig Economy Employees

Littler

Ontario, Canada: Digital Platform Workers’ Rights Act, 2022 Coming into Force on July 1, 2025

Littler on

On April 11, 2022, Bill 88, Working for Workers Act, 2022 (Bill 88), received Royal Assent and became law. Among other things, Bill 88 enacted the new Digital Platform Workers’ Rights Act, 2022 (DPWRA).1 The DWPRA did not...more

Quarles & Brady LLP

DOL Publishes New Rule for Determining Whether Individuals are Independent Contractors under the Fair Labor Standard Act

Quarles & Brady LLP on

On January 9, 2024, the U.S. Department of Labor (DOL) released its highly anticipated Final Rule, which revises the criteria for determining whether a worker is an employee or independent contractor under the Fair Labor...more

Ballard Spahr LLP

U.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSA

Ballard Spahr LLP on

On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more

Seyfarth Shaw LLP

Department of Labor Issues Final Rule on Independent Contractor Definition under the Fair Labor Standards Act

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Yesterday the U.S. Department of Labor issued its final rule, attempting to define employee versus independent contractor status under the Fair Labor Standards Act (FLSA) (the “Final Rule”).  The Final...more

Epstein Becker & Green

The Industrial Welfare Commission Returns with Plans for More Protections for California Employees

Epstein Becker & Green on

With $3 million in funding from A.B. 102, California’s recent appropriations bill, the Industrial Welfare Commission (IWC), the administrative body charged by statute to regulate wages, hours, and working conditions, will...more

Sheppard Mullin Richter & Hampton LLP

It’s Not Just the NLRB Watching You - NLRB Adds the Consumer Financial Protection Bureau to Its Ever Growing List of Interagency...

On March 7, 2023, the National Labor Relations Board (NLRB) and the Consumer Financial Protection Bureau (CFPB) signed a Memorandum of Understanding (“CFPB MOU”) that created a formal partnership between the two agencies. Per...more

Polsinelli

Misclassification Concerns in Staffing Relationships

Polsinelli on

Employers utilizing staffing agencies should be on high alert given the Department of Labor’s (“DOL”) recent investigations targeting these arrangements. Specifically, the DOL has been actively investigating businesses that...more

Littler

Littler Lightbulb – March Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....more

BCLP

Moonlighting or two-timing? How should employers deal with side-hustles?

BCLP on

If you are an active user of social media, you are likely to have encountered the concept of a “side-hustle”. Popularised and promoted by many “influencers”, the side-hustle can take different forms....more

Jones Day

Contract Is King: High Court of Australia Provides Clarity on 'Employee vs Contractor' Test

Jones Day on

On 9 February 2022, the Australian High Court heard two appeals together—Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 ("Personnel") and ZG Operations Australia...more

Arnall Golden Gregory LLP

Lights, Camera, Legal Action: Avoiding Employment Pitfalls in the Film and Studio Industry

In the wake of the deadly Rust tragedy last year, independent studios and production companies began revisiting their practices, policies, and attitudes regarding safety on set....more

Vinson & Elkins LLP

Fourth Time Unlucky? Substitution Clauses And The Ongoing Saga Of Deliveroo’s Workers’ Rights

Vinson & Elkins LLP on

The ‘gig’ economy has been the subject of much commentary in recent times, particularly with regard to the legal status of its workers. As we reported recently, the UK Supreme Court’s ruling that Uber BV’s (“Uber”) drivers...more

Foley Hoag LLP

Biden Administration Rescinds Trump-Era Rule on Independent Contractors

Foley Hoag LLP on

On May 5, 2021, the United States Department of Labor (DOL) issued a final rule rescinding a 2020 rule promulgated by the Trump administration that made it easier for workers to be classified as independent contractors rather...more

Perkins Coie

US Department of Labor Announces Final Rule Regarding Independent Contractors - Update

Perkins Coie on

The Department of Labor (DOL) announced in May 2021 that it was withdrawing the rule called “Independent Contractor Status Under the Fair Labor Standards Act.” As anticipated, the Biden administration rescinded this Trump-era...more

McDermott Will & Emery

UK Supreme Court Confirms That Uber Drivers Have “Worker” Rights

McDermott Will & Emery on

The UK Supreme Court has decided that Uber drivers are “workers” for UK employment law purposes. In reaching that decision, the Supreme Court unanimously upheld the decision of the original Employment Tribunal and agreed...more

Verrill

Are You Paying Attention to your Classifications?

Verrill on

DOL Scraps Trump-era Interpretative Letters and 60,000 U.K. Uber Drivers Entitled to Worker Benefits - It has been a big day for changes on the worker classification front. In the last 24 hours, Britain’s highest court...more

Perkins Coie

US Department of Labor Announces Final Rule Regarding Independent Contractors

Perkins Coie on

On January 7, 2021, the U.S. Department of Labor (DOL) issued its highly anticipated final rule codifying its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA). The final rule comes in...more

Bradley Arant Boult Cummings LLP

US Regional Employment 2020: Tennessee - Chambers USA Regional Practice Guide

Law and Practice - The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal commentary on...more

Littler

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

Littler on

Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more

Fisher Phillips

Victory For Grubhub In First-Ever Gig Economy Trial - Three Things All Gig Economy Companies Need To Know About Decision

Fisher Phillips on

In what is believed to be the first time in our nation’s history that a trial court has reached a judicial merits determination in a gig economy misclassification case, a federal judge in California ruled in favor of the...more

Fisher Phillips

Congress Debates Its Role In The Gig Economy

Fisher Phillips on

Should the legislative branch of the federal government focus its efforts on regulating the gig economy at the present time, or should they stick to bigger picture topics to occupy their time (such as healthcare or updating...more

Fisher Phillips

Next Crack In The Wall: NY Uber Drivers Held To Be Employees

Fisher Phillips on

Back in October, we reported that there appeared to be the first crack in the wall when it came to classifying Uber drivers as employees instead of independent contractors. At that time, it was reported that the New York...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

Cozen O'Connor on

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

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