News & Analysis as of

Misclassification Sharing Economy

Epstein Becker & Green

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

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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

Epstein Becker & Green

Who’s Up Next? Now It’s Ride-Share and Delivery Companies’ Turn to File Suit Challenging California’s Controversial New...

AB 5, California’s hastily passed and controversial independent contractor statute, which codifies the use of an “ABC test,” is set to go into effect on January 1, 2020. Already, the California Trucking Association has filed...more

Robins Kaplan LLP

Financial Daily Dose 9.13.2019 | Top Story: ECB Cuts Rates and Restarts QE in Effort to Preempt European Downturn

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The ECB was even more aggressive than expected in its moves to “head off a downturn before it gained momentum,” cutting a key interest rate and reviving “a money-printing program.” At the same time, the central bank “issued...more

Fisher Phillips

Lyft’s IPO Warns About Misclassification Risks And Local Regulations

Fisher Phillips on

Lyft recently filed for an initial public offering with the hopes of raising as much as $2.1 billion. As part of its registration statement for its IPO, Lyft acknowledged the company could be negatively impacted by several...more

Sheppard Mullin Richter & Hampton LLP

National Labor Relations Board Issues Decision Overruling Obama-Era Independent Contractor Test: What This Means For (Putative)...

In a business-friendly decision issued on January 25, 2019, the National Labor Relations Board (“NLRB” or “Board”) revised its test for determining whether putative independent contractors are exempt from coverage under the...more

Seyfarth Shaw LLP

Uber Epic: Arbitration Agreement Topples Class Claims

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Seyfarth Synopsis: The Ninth Circuit, following the Supreme Court’s 2018 decision in Epic Systems Corp. v. Lewis, has upheld the validity of class-action waivers in Uber’s arbitration agreement, and has held that a named...more

Blake, Cassels & Graydon LLP

2018 Legal Trends: The Sharing Economy

As part of our quarterly series on current trends across different industries, our second article takes a closer look at the sharing economy and how this new economic model impacts suppliers, customers and platform providers...more

Troutman Pepper

Judge Holds UberBLACK Drivers Are Independent Contractors, Not Employees

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On April 11, Judge Michael Baylson of the U.S. District Court for the Eastern District of Pennsylvania became the first judge to grant summary judgment on the issue of whether UberBLACK drivers are employees or independent...more

Littler

Grubhub Notches Victory for Gig Economy in Big Classification Win in California Federal Court

Littler on

In a recent classification case involving the “gig” or shared economy, a U.S. magistrate judge handed down a significant win for Grubhub, concluding that a driver who sued the company under California’s minimum wage, overtime...more

Troutman Pepper

Misclassification Claims Threaten Gig Economy Business

Troutman Pepper on

The gig economy — companies that hire workers for specific projects or “gigs” — is on the rise. Gig companies use technology to provide goods and services to consumers on demand. The companies hire workers who access and...more

Locke Lord LLP

What Does GrubHub’s Big Win In Its Independent Contractor Misclassification Trial Mean for Other On-Demand, Sharing Economy...

Locke Lord LLP on

Earlier today, GrubHub, Inc. won its highly publicized case brought against it by a restaurant delivery driver / courier for allegedly misclassifying him as an independent contractor. The case drew sustained media attention...more

Benesch

Lyfting TNCs and On-Demand/Sharing Economy Companies Out of the Misclassification Abyss By Mandating Workplace Insurance in Driver...

Benesch on

Unlike traditional motor carriers that transport cargo, many Transportation Networking Companies (TNCs), e.g., Uber and Lyft, and similar on-demand/sharing economy companies (On-Demand Companies), e.g., GrubHub (a food...more

Locke Lord LLP

October 2017 Independent Contractor Misclassification and Compliance News Update

Locke Lord LLP on

There were newsworthy developments in a number of cases in the area of independent contractor misclassification during the month of October. Those cases were brought against companies in an array of different industries...more

Rumberger | Kirk

Employee vs. Independent Contractor: How This Classification Is Bringing Legal Challenges To The Gig Economy

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The gig economy is a labor market characterized by temporary positions or freelance work with independent workers for short-term engagements as opposed to permanent jobs. Think Uber, Delivery Dudes, Taskrabbit, and Upwork. ...more

Fisher Phillips

NLRB Fires Shot At Handy, Taking Aim At Gig Economy In General

Fisher Phillips on

Josh Eidelson from Bloomberg reported that the National Labor Relations Board (NLRB) issued a complaint against gig economy mainstay Handy earlier this week, alleging that the on-demand workers who provide home cleaning...more

Fisher Phillips

New Case Shows That “Uber-ization” of Workforce Could Lead to Misclassification Challenges

Fisher Phillips on

Earlier this week, I wrote an article about a recent NLRB decision where the Board found a group of workers who provide video content services for the display board at Minnesota Timberwolves basketball games to be incorrectly...more

Hogan Lovells

In what direction will Uber drive SA labour laws?

Hogan Lovells on

The recent CCMA ruling in favour of Uber drivers now heads to the Labour Court. This is an extremely important case as South African labour laws for the first time now come "Head-to-Bot" with the fourth industrial revolution....more

Troutman Pepper

Uber’s Former CEO and Current Chairman of the Board Sued Personally for Independent Contractor Misclassification – Is This an...

Troutman Pepper on

Last week, the lawyers representing drivers who have sued Uber in California commenced another lawsuit on behalf of drivers alleging that Uber misclassified them as independent contractors instead of employees. This lawsuit,...more

Seyfarth Shaw LLP

The future of work: using the gig economy to your advantage

Seyfarth Shaw LLP on

One of the more interesting recent developments in relation to work has been the continual rise and development of the gig economy – that is, workers developing niche areas of specialist expertise, but having careers...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

Troutman Pepper

May 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

This update of May 2017 developments in the area of independent contractor misclassification and compliance highlights three key legislative developments: the enactment of two new laws (one in New York City and the other in...more

Mintz Edge

The Gig Economy, Independent Contractors, and New York Law

Mintz Edge on

The gig economy (on-demand work) is a disruptive factor in many industries, including the housing market (Airbnb, Homeaway), transportation services (Uber, Lyft, Juno, Via), delivery services (Postmates, Caviar, Instacart),...more

Fisher Phillips

Texas Two-Step: Gig Businesses In The Lone Star State Get Two Pieces Of Good News

Fisher Phillips on

Gig economy companies in Texas were on the receiving end of two pieces of good news in the last several weeks. Most recently, the state legislature passed and the governor signed into law a bill that will all but assure...more

FordHarrison

New Florida Statute Regulates the Ride-Sharing Industry and Classifies Drivers as Independent Contractors

FordHarrison on

The Florida Legislature recently enacted legislation regulating transportation network companies (TNCs), commonly referred to as “ride-sharing” companies. Under the new statute, TNCs will be able to lawfully classify their...more

Fisher Phillips

Everything Old Is New Again: Sharing Economy Companies Start Hiring W-2 Employees Instead Of Contractors

Fisher Phillips on

Gig companies – at least some – are discovering the upside to hiring W-2 employees. Wait, what? Well, as it turns out, for some companies that rely on repeat business, there appears to be a potential argument in favor of...more

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