News & Analysis as of

Misclassification Preliminary Injunctions

Jackson Lewis P.C.

Independent Contractor Rule Takes Effect, But Legal Challenges Mount

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) final rule revising the standard for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA) took effect March 11, 2024. The fate of...more

Epstein Becker & Green

#WorkforceWednesday: Employee Privacy and COVID-19, CMS Vaccine Mandate on Hold, Independent Contractor Classification -...

Epstein Becker & Green on

This week, we look at complying with the rules that require employers to keep employee COVID-19 vaccination and testing information confidential. HIPAA, Employee Privacy Protections, and COVID-19 (see video attached) ...more

Jackson Lewis P.C.

AB 5 Past and Present – What You Need to Know

Jackson Lewis P.C. on

At the end of 2020, it seemed the legislature, the courts, and even California voters wanted to move away from the independent contractor test codified in Assembly Bill 5 (AB 5). However, during 2021, the pendulum seems to...more

CDF Labor Law LLP

The Ninth Circuit Reverses AB5 Injunction

CDF Labor Law LLP on

The Ninth Circuit Court of Appeals, in California Trucking Association v. Bonta, has reversed the preliminary injunction staying enforcement of AB 5 (now Labor Code § 2775). ...more

ArentFox Schiff

Class Actions Quarterly Update: Employee Misclassification in the Logistics Industry

ArentFox Schiff on

The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been focused on the issue of worker misclassification. In particular, as state legislatures...more

FordHarrison

California Appellate Court Affirms Preliminary Injunction Requiring Uber and Lyft to Reclassify California Drivers as Employees

FordHarrison on

On October 22, 2020, a California appellate court affirmed a preliminary injunction requiring Uber and Lyft to reclassify California drivers from independent contractors to employees and to comply with the California Labor...more

Proskauer - California Employment Law

“Oh, We Were Just Leaving!”: California Court Halts Order Requiring Uber and Lyft to Reclassify Drivers

Last week, Uber Technologies, Inc. and Lyft, Inc. announced that they would suspend ridesharing operations in the State of California in response to an August 10, 2020 San Francisco Superior Court judge’s preliminary...more

FordHarrison

Appellate Court Grants Uber and Lyft Temporary Relief from Re-Classifying Drivers as Employees

FordHarrison on

On August 13, 2020, we reported on the San Francisco Superior Court’s granting of a preliminary injunction ordering Uber and Lyft to re-classify their California drivers from independent contractors to employees and to comply...more

Fisher Phillips

Rideshare Companies Get Last-Minute California Reprieve – But Pivotal Gig Economy Appeal Will Be Heard At Warp Speed

Fisher Phillips on

Just a few hours before they were subject to a court order forcing them to transform all of their drivers from independent contractors to employees, a California appeals court spared the nation’s two largest rideshare...more

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Fisher Phillips

Judge Forces Instacart To Reclassify Workers As Employees – But Not This Instant

Fisher Phillips on

Gig economy company Instacart lost the latest round of its misclassification battle in San Diego Monday, as a California state court judge granted a preliminary injunction forcing it to reclassify its independent contractor...more

Epstein Becker & Green

#WorkforceWednesday: Component 2 Pay Data Shutdown, CDC Coronavirus Guidance, and California Employers Fight Back - Employment Law...

Epstein Becker & Green on

It’s #WorkforceWednesday, featuring Employment Law This Week®, blog posts, client alerts, and other helpful resources from Epstein Becker Green’s Employment, Labor & Workforce Management practice. Get the information you need...more

Epstein Becker & Green

Federal Judge Denies Ride Share and Delivery Companies’ Request for Preliminary Injunction to Enjoin Enforcement of California’s...

Epstein Becker & Green on

As we recently wrote here, Uber and Postmates (and two of their drivers) to file an eleventh-hour lawsuit seeking to enjoin the enforcement of California’s controversial new independent contractor law – known as AB 5 –...more

Akin Gump Strauss Hauer & Feld LLP

Court Denies Preliminary Injunction in Uber Lawsuit Arguing that California’s AB 5 is Unconstitutional; Other Challenges Continue

- A California district court has denied a preliminary injunction in a lawsuit brought by Uber and Postmates challenging the constitutionality of California’s new worker classification law, Assembly Bill 5 (“AB 5”), finding...more

Epstein Becker & Green

Federal Judge Grants Preliminary Injunction to Prevent Enforcement of California’s Controversial New Independent Contractor...

As we have written here, the day before California’s controversial AB 5 was set to go into effect, U.S. District Court Judge Roger Benitez issued a temporary restraining order to block enforcement of the law as to...more

Seyfarth Shaw LLP

State Enforcement of AB 5 Against Motor Carriers Preliminarily Enjoined

Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal court has granted a preliminary injunction blocking the State of California from enforcing AB 5 against motor carriers. The court provided a fulsome analysis demonstrating that the Federal...more

Seyfarth Shaw LLP

AB 5 Challenge From California Motor Carriers: TRO Granted

Seyfarth Shaw LLP on

Seyfarth Synopsis: Effective January 1, 2020, AB 5 implements the mandatory “ABC” test for determining whether a person is an independent contractor or employee under California law. Specific to motor carriers, AB 5 presumes...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

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

Fisher Phillips

September 2017: The Top 10 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest...more

Fisher Phillips

March 2017: The 15 Biggest Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. March 2017 was another month...more

Mintz - Employment Viewpoints

Steady as She Goes or Charting a New Course? Employment and Labor Signals in the Trump Administration

As we discussed yesterday at Mintz Levin’s Third Annual Employment Law Summit, big changes are likely in the offing as all three branches of our federal government begin to deal with labor and employment issues following...more

Dickinson Wright

Employers Have Something to be Thankful For as Judge Halts December 1st Effective Date of DOL FLSA Final Rule: Here is What...

Dickinson Wright on

In the last six months, nearly every business was sent into panic mode and forced to quickly adjust to the Department of Labor’s (DOL) Fair Labor Standards Act (FLSA) Final Rule that was set to take effect December 1, 2016. ...more

Foster Garvey PC

Still Looming – The Regulations Regarding Overtime Exemptions

Foster Garvey PC on

When we last visited this topic, the proposed regulations revising the overtime exemptions were still very new. The regulations are due to go into effect on December 1 of this year. There has been legislation introduced to...more

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