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Troutman Pepper Locke

The Legal Landscape of Independent Contractor Misclassification May Be About to Change: March 2025 IC Legal News Update

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The most significant development last month in the law of independent contractors was not one of the four cases we summarize below but rather a bill passed by the New York Senate. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers Need Only Use ‘Preponderance of Evidence’ Test to Show Workers Are Exempt From FLSA, Supreme Court Rules

On January 15, 2025, the Supreme Court of the United States held that employers need only demonstrate that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA) by a...more

Troutman Pepper Locke

Artificial Intelligence Industry Faces Independent Contractor Misclassification Claim: December 2024 IC Legal News Update

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As the business of artificial intelligence is expanding, it seemed it was only a matter of time before the AI industry became the subject of an independent contractor misclassification lawsuit. Last month, one of the leading...more

Troutman Pepper Locke

Newest State Independent Contractor Pay Protection Law Creates Uncertainties: October 2024 ‎IC Legal News Update

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The most significant legal development in the past month in the area of independent contractor compliance was the enactment of California’s Freelance Worker Protection Act, which goes into effect on January 1, 2025. We have...more

Fisher Phillips

Top 10 Workplace Law Developments To Expect Under President Trump

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Now that we know Donald Trump will return to the White House as President, it’s time for employers to take a look at what they might expect during his second term in office. We have gathered insights from some of our firm’s...more

Epstein Becker & Green

Many New Laws for the Land of Many Lakes: What Minnesota Employers Need to Know

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Lawmakers in the Land of 10,000 Lakes kept busy this year, enacting and amending a variety of laws affecting Minnesota employers, some of which are already in effect....more

Troutman Pepper Locke

Is It Becoming Easy To Certify Collective Action Lawsuits Alleging Independent Contractor Misclassification? October 2022 IC Legal...

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Among the legal developments we report on below from October is a decision by a federal district court in California certifying a lawsuit for independent contractor misclassification as a collective action under the federal...more

Davis Wright Tremaine LLP

3rd Circuit Rules ABC Test Determines Employee or Independent Contractor for NJ Wage & Hour Claims

Employers who retain independent contractors in New Jersey may face greater exposure for wage and hour claims following a recent ruling in the 3rd Circuit Court of Appeal....more

Ervin Cohen & Jessup LLP

Ninth Circuit Holds that the Dynamex ABC Test Applies Retroactively, But Not Prop. 22

On September 20, 2021, the Court of Appeals for the Ninth Circuit reversed Grubhub, Inc.’s lower court victory in a class action case involving the alleged misclassification of a former driver. The driver claimed he was...more

Troutman Pepper Locke

CEOs May Be Personally Liable for Independent Contractor Misclassification: July 2021 Update

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Most class action cases of independent contractor misclassification are brought against corporate entities. Yet many laws also permit plaintiffs to sue company executives or managers for personal liability in such cases. In...more

Troutman Pepper Locke

Direct Selling and Door-to-Door Sales Under Attack: May 2021 IC News Update

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Direct sellers and door-to-door salespersons are frequently classified as independent contractors – and that classification is increasingly under attack, both by class action lawyers and the U.S. Department of Labor, as...more

Troutman Pepper Locke

Not So Fast: January 2021 Independent Contractor Law Update

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January 2021 may well be remembered in the independent contractor area of law as the “not so fast” month. The Fifth Circuit Court of Appeals told lower courts “not so fast” when it comes to certifying collective actions. ...more

Troutman Pepper Locke

The Confusing Nature of the Biden Plan for Independent Contractor Misclassification

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President-elect Joe Biden’s campaign issued a comprehensive labor plan that seems to focus on empowering unions. But while the title of this campaign platform is “The Biden Plan for Strengthening Worker Organizing, Collective...more

Robins Kaplan LLP

Financial Daily Dose 10.23.2020 | Top Story: CA Appeals Court Tells Uber and Lyft to Treat Drivers as Employees

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A California appeals court has affirmed a lower court decision requiring Uber and Lyft to “treat their California drivers as employees, providing them with the benefits and wages they are entitled to under state labor law.”...more

Littler

AB 5: The Aftermath of California’s Experiment to Eliminate Independent Contractors Offers a Cautionary Tale for Other States

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Since its enactment last fall, California’s AB 5—legislation adopting the so-called “ABC test” for purposes of determining whether a worker is an independent contractor or statutory employee—has dominated not only the legal...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2019 Year End Review: An Overview of Major Developments in Labor Law

If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound.  The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more

Ballard Spahr LLP

NJ DOL Bills Uber $650M for Misclassified Drivers

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The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

Robins Kaplan LLP

Financial Daily Dose 11.15.2019 | Top Story: New Jersey Targets Uber Over “Independent Contractor” Worker Classification

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Sending a shot across the bow of the gig economy, New Jersey is seeking nearly $650 million from Uber for “years of unpaid employment taxes for its drivers, arguing that the ride-hailing company has misclassified the workers...more

FordHarrison

New Jersey Bill Creating Presumption of Employment for Independent Contractors Could Decimate the State's Gig Economy

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Recently, New Jersey took several steps to severely restrict the use of independent contractors or gig workers in the Garden state. The latest effort is Bill S4204, which creates a presumption of employment status for...more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q3 2019

State and local governments are increasingly regulating the workplace. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help...more

Troutman Pepper Locke

August and September 2019 Independent Contractor Misclassification and Compliance News Update

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There were several notable court and administrative cases over the past two months, but they were overshadowed by a legislative matter: the enactment of Assembly Bill 5 in California, which was the subject of our September...more

Hogan Lovells

Out of the Frying Pan: California’s New Contractor Law Answers Some Questions, Creates Many More

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On September 18, 2019, California Governor Gavin Newsom signed into law a bill that attempts to settle some of the ambiguity that remained surrounding the California Supreme Court’s decision in Dynamex and its “ABC Test.”...more

Littler

California AB 5’s Author and the Governor Attempt to Clarify Law’s Scope

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On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill 5 (AB 5), a bill that will dramatically alter whether, and under what circumstances, businesses may classify workers as independent contractors...more

Coblentz Patch Duffy & Bass

California Assembly Bill Five Excepts Certain Categories Of Workers From Independent Contractor Classification Overhaul

Last week, the California Legislature passed Assembly Bill (AB) 5, a new law related to an issue that is critically important to California employers and service providers—whether a worker is classified as an employee or an...more

Skadden, Arps, Slate, Meagher & Flom LLP

California Passes Landmark Bill Restricting Classification of Contract Workers

As of September 11, 2019, the California Senate and Assembly had both passed an employment bill (AB5) that, if signed by Gov. Gavin Newsom, would codify the recent extension of employment protections to workers previously...more

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