News & Analysis as of

Independent Contractors Restaurant Industry

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

Littler Lightbulb: August Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Clark Hill PLC

The Learned Concierge - February 2024, Vol. 5

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Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries. Labor and Employment - Final Rule: Employee or Independent Contractor Classification Under the Fair Labor...more

Jackson Lewis P.C.

New York City’s New Pay Protections for App-Based Delivery Workers Temporarily Stayed by Appellate Court

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New York City is still undertaking efforts to become the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers. The new law was initially scheduled to go into effect July 12, 2023....more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #368 – Delivery Drivers and Restaurants Targeted by Scams

It is so convenient now to order food from restaurants and have it delivered right to your door with delivery services like DoorDash and Uber Eats. Restaurants and delivery drivers depend on these services and orders to make...more

Jackson Lewis P.C.

New York City’s New Pay Protections for App-Based Restaurant Delivery Workers Are Stayed

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New York City was on track to becoming the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers. However, the new law, which was scheduled to go into effect July 12, 2023, has been...more

Jackson Lewis P.C.

New York City Announces New Pay Protections for App-Based Restaurant Delivery Workers

Jackson Lewis P.C. on

New York City has become the first major U.S. city to establish a minimum pay-rate for app-based restaurant delivery workers. The new law goes into effect July 12, 2023. Popularity of Food Delivery Apps- The rise in...more

Fox Rothschild LLP

Can A Rocker Be An Independent Contractor? Does He Need A Written Contract?

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I read an interesting blog post by Emily Bushaw and Shannon McDermott in the Perkins Coie blog about a law in Washington State and independent contractor musicians. The Washington Employment Security Department (ESD) has...more

Hinshaw & Culbertson - Employment Law...

The 12 days of California Labor & Employment Series – Day 8: No No's for Food Delivery Platforms

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this eighth day of the holidays, my labor and employment...more

Jackson Lewis P.C.

End of California 2021 Legislative Session Brings New Laws Affecting California Employers

Jackson Lewis P.C. on

The California legislature has passed and Governor Gavin Newsom has signed a number of bills that address wage and hour practices and other issues affecting California employers. All bills take effect January 1, 2022, unless...more

Fisher Phillips

The Top 18 Workplace Law Stories from August 2021

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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 have been an unprecedented number of changes for the past few years—and this past month...more

Lowenstein Sandler LLP

Paycheck Protection Program Round 2: FAQs For Microbusinesses - June 2021

The Paycheck Protection Program closed on May 28, 2021. The SBA is no longer accepting new applications from participating lenders. The following FAQs are for informational purposes only and to assist borrowers who obtained...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – May 2021

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GOVERNMENT CONTRACTS - SBA Extends the HUBZone Map Freeze to June 30, 2023 - Today, the Small Business Administration (SBA) issued a direct final rule extending the HUBZone map freeze from December 31, 2021, to June...more

Lowenstein Sandler LLP

Paycheck Protection Program: FAQs For Microbusinesses - UPDATED March 2021 #2

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On December 27, the President signed into law the Consolidated Appropriations Act, 2021. The Act includes a roughly $900 billion COVID-19 relief package, known as the “Economic Aid to Hard-Hit Small Businesses, Nonprofits and...more

Ervin Cohen & Jessup LLP

App Companies Victorious in Prop 22 Fight

On November 4, 2020, Uber, Lyft and Door Dash secured a victory in their expensive campaign to categorize app-based drivers as independent contractors. 55% of California voters voted in favor of Proposition 22, which means...more

Fisher Phillips

California Provides Paid Sick Leave For Food Sector Workers Impacted By COVID-19

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California Governor Gavin Newsom just signed into law Executive Order N-51-20 to provide two weeks of supplemental paid sick leave to certain food supply chain workers, provided they are subject to specified qualifying...more

Fisher Phillips

Can We Amazon-Prime An Employee?! How The Gig Economy And Technology Are Changing How Hospitality Companies Hire And Manage Their...

Fisher Phillips on

The surge in popularity of the gig economy in recent years has largely been a positive trend. The gig economy has made it possible for us to Uber from place to place, hire housecleaners or handymen as needed, find a dog...more

Farrell Fritz, P.C.

Dissension Follows When Business Owners Don’t Put Their IP House in Order

Farrell Fritz, P.C. on

When you think about protecting a business firm’s intellectual property (IP), usually you think about protecting it from infringement by external actors. But there also are internal threats — even mortal ones — to the...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

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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 have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Traditional Employers Are Increasingly Relying Upon Gig Platforms To Meet Short-Term Staffing Needs And Customer Demand

Fisher Phillips on

Traditional employers are continuing to discover that they can benefit from the gig economy through the utilization of external platforms to hire contract workers. Sometimes companies are caught off-guard by a sudden uptick...more

Fisher Phillips

The Gigs Get Bigger: Recent Data Shows the On-Demand Economy is Growing Into New Areas

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When you last heard from me regarding the state of the gig economy, the discussion at the beginning of 2018 focused on the fact that small businesses were joining large corporations in embracing the on-demand model. Now,...more

Obermayer Rebmann Maxwell & Hippel LLP

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

Fisher Phillips

Will New Misclassification Standard Wipe The Grubhub Trial Victory Off The Books? Plaintiff Takes First Step Under ABC Test

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Late Friday afternoon, the attorneys for the worker who came out on the losing end of the Grubhub misclassification trial asked the appeals court to return the case to the lower court for a new hearing. Their reasoning? Last...more

Fisher Phillips

The Gig Workforce Doesn’t Just Deliver Your Food; It Now Cooks and Serves It Too!

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I don’t know about you, but the nerd in me occasionally likes to play the “how far can it go” game with the gig economy. In other words, I oftentimes find myself thinking, “can the gig workforce fit in that industry or that...more

Holland & Knight LLP

Food and Beverage Law Update: February 2018

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Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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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 each month in 2017—and if January is any...more

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