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Independent Contractors Ballot Measures

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Littler

Portland, Maine Voters to Decide on Raising Minimum Wage, Eliminating Tip Credit, and Classifying Ride-share and Delivery Drivers...

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The Portland, Maine City Council voted unanimously on August 8, 2022, to send five citizen-initiated referendums to voters in the November election. One of the referendums that will appear on the November 8 ballot – “An...more

Fisher Phillips

Massachusetts High Court Nixes App-Based Driver Ballot Question

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As we reported last month and back in January, the Massachusetts Supreme Judicial Court (SJC) was considering whether voters in the state could weigh in on a ballot initiative classifying app-based drivers (those using...more

Fisher Phillips

Next California Gig Economy Vote Could See Certain Healthcare Workers Deemed Eligible for Contractor Classification

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California voters may have another opportunity to categorize gig workers in a certain profession as independent contractors when Election Day rolls around this November – but this time it won’t be delivery or ride-share...more

Fisher Phillips

Dispute Over Gig Drivers’ Independent Contractor Status Being Fought on All Fronts in Massachusetts

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Massachusetts is one of handful of states to have adopted the stringent “ABC” test for determining whether a worker is an independent contractor or employee. That has made it one of the most fertile battlegrounds over this...more

Fisher Phillips

Judge Strikes Down California’s Prop 22 – Will Gig Companies Need to Classify App-Based Drivers as Employees?

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In an unexpected blow to gig economy companies in California, a state court judge just reversed the will of voters and overturned the law created by ballot measure that ensured that app-based rideshare and delivery drivers...more

Fisher Phillips

California Supreme Court Denies Petition To Toss Proposition 22

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The California Supreme Court just declined to take up the petition filed by a group of app-based rideshare and delivery drivers to hold as unconstitutional the voter-approved ballot measure that ensured that app-based...more

Fisher Phillips

Worker Advocates File Suit To Toss California’s Gig Economy Law

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Just two months after 58% of Californians voted it into effect and not even one month after it became law of the state, a group of workers and a major union have filed suit to overturn the results of Proposition 22, the...more

Troutman Pepper

Voters Nationwide Approve Ballot Measures Impacting the Workplace

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Q: Can you provide an overview of Election Day 2020 ballot measures approved by voters that may impact the workplace? ...more

Akerman LLP - HR Defense

California Voters OK Independent Contractor Status for App Service Drivers

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On November 3, 2020, nearly 60% of California voters approved a ballot measure to create a carve-out from the state’s expansive independent contractor law, AB 5, for drivers on technology platforms such as Lyft, Uber,...more

Robins Kaplan LLP

Financial Daily Dose 11.12.2020 | Top Story: CA Prop 22 Success Drives Uber & Lyft to Push Similar Measures Elsewhere

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No dispute about this—election day was good for Uber, Lyft, and other businesses in California dependent on the gig economy, thanks to passage of Prop. 22, the ballot measure that exempts such companies from “having to treat...more

Eversheds Sutherland (US) LLP

California and San Francisco ballot measures raise important worker classification issues

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

Epstein Becker & Green

#WorkforceWednesday: CA Passes Proposition 22, New Marijuana Laws, New Administration’s Impact on Your Business - Employment Law...

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It’s #WorkforceWednesday. This week, we focus on key state-level election results impacting employment law and what a new administration will mean for your business. Proposition 22 Passes in CA, Further Narrowing AB5 (video...more

Fisher Phillips

In Big Win For Gig Companies, California Voters Approve Proposition 22

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In one of the most closely watched (and most expensive) fronts in the ongoing battle over employment classification of gig workers, California voters appear to have approved Proposition 22, a ballot measure that confirms the...more

Littler

California’s Proposition 22: Impacts in the Golden State and Beyond

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Of the over 100 different ballot initiatives under consideration across the United States in the recent election, California’s Proposition 22 stands alone.  The measure was perhaps the most significant initiative voters...more

Fisher Phillips

California Appeals Court Orders Rideshare Drivers To Be Classified As Employees

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Rideshare companies in California have now been ordered by an appeals court to reclassify their drivers as employees, threatening to upend the very foundation of the gig economy business model that offers flexibility and...more

Fisher Phillips

5 Most Significant Gig Economy Developments In September

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Gig economy companies across the country had a whirlwind September, as legal developments impacting their business models continued to unfold. Here are the five most significant workplace law developments in the gig economy...more

Fisher Phillips

“Hedging Their Bets” – California Passes One-Year Extension On CCPA Employee Data Exemption

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Governor Newsom just signed legislation that will extend the California Consumer Privacy Act (CCPA) exemption for employee, job applicant, and independent contractor data for an additional year – until January 1, 2022....more

Epstein Becker & Green

Emergency Stay of TRO Against Ride Share Companies Means Californians Won’t Have to Live Without Services

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As we wrote here just several days ago, Californians were facing the seemingly unimaginable this week– the possibility of living without ride share services for the foreseeable future....more

Ballard Spahr LLP

Do Lawsuits in California and Massachusetts Threaten the Gig Economy as We Know It?

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The COVID-19 pandemic has underscored the important role that gig workers play in our economy. At the same time, it also has highlighted the working conditions of gig workers, spurring several states to take action on their...more

Epstein Becker & Green

Ride Share Companies Likely to Appeal California TRO Requiring Them to Treat Drivers as Employees

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We have written here frequently about California’s controversial AB 5 law, which permits companies to treat workers as independent contractors only if they satisfy a stringent “ABC” test....more

Fisher Phillips

Voters Will Have Say Over California Misclassification Law Come November

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Over a million Californians have said they want a chance to vote on the misclassification law that threatens to upend the gig economy as we know it – and that means that their wish will soon be granted. Thanks to a...more

Orrick - Employment Law and Litigation

Coming to a Ballot Near You: Protect App-Based Drivers & Services Act

This November, Californians may get the chance to vote on a ballot measure that would address some of the fallout from the new independent contractor law known as AB 5. ...more

Fisher Phillips

Court Rejects Gig Economy Attempt To Block New California Misclassification Law

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A federal court judge today denied a request by several gig economy giants (and a few contractors) to block AB-5, the new misclassification law in California that codifies the ABC test and makes it much more difficult to...more

Allen Matkins

California Law Creates New Risk Factor

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Last year, California enacted AB 5 imposing the so-called A-B-C test for employee status under California's Labor Code.  The legislation basically extended the California Supreme Court's holding in Dynamex Operations West,...more

ArentFox Schiff

Uber, Lyft and DoorDash Team Up to Fight California Labor Law

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The three companies have pledged over $90 million to advance a ballot measure that would repeal the law. Assembly Bill 5, in a test for the gig-economy, mandates that Uber, Lyft, and other employers must classify most of...more

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