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Proposed Legislation Employee Definition

CDF Labor Law LLP

Employment Law Bills Await Governor Newsom’s Signature Or Veto

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It is that time of year again, when California Governor Gavin Newsom considers a number of bills that need to be signed by September 30, 2024, in order to take effect. Several of those bills would impact California employers,...more

Proskauer - Labor Relations Update

House Considers Bill Declaring Student Athletes Not Employees

On Thursday, June 13, 2024, the U.S. House of Representatives Education and Workforce Committee held a hearing on H.R. 8534, entitled “The Protecting Student Athletes’ Economic Freedom Act” (“Act”). If passed, the Act would...more

Pullman & Comley - Labor, Employment and...

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken (Part Four-Yes,...

We have written about the General Assembly’s Labor and Public Employees Committee’s final flurry of activity approving and advancing bills out of committee.  In addition to the bills that we have already summarized, here is a...more

Fisher Phillips

New Congressional Bill Would Create Hybrid Job Classification for Gig Workers – But is Already Facing Stiff Opposition

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Answering industry calls for a 21st-century solution to a 21st-century problem, a bipartisan group of federal lawmakers recently introduced a bill in Congress that would create a hybrid job classification for gig economy...more

CDF Labor Law LLP

A Creative Compromise to Address Worker Flexibility and Basic Workplace Protection: The Bipartisan Worker Flexibility and Choice...

CDF Labor Law LLP on

Thanks to powerful lobbying, last week the House of Representatives introduced a new bipartisan bill, the Worker Flexibility and Choice Act (the “Act”). This bill provides for a new classification of workers in between...more

Littler

EU Proposes New Legislation to Protect “Digital Labor Platform” Workers from Status Misclassification

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Over 28 million people in the EU currently work through digital labor platforms. By 2025, this number is expected to reach 43 million. The rise of digital labor platforms (i.e., what is often referred to as the “gig” or...more

Snell & Wilmer

Checking In On The PRO Act

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As we previously reported, the Protecting the Right to Organize (“PRO”) Act is pending before Congress. With the Pro Act, House and Senate Democrats seek to amend the National Labor Relations Act. Some of the most...more

Fisher Phillips

Surprise! Federal Proposal Would Require States to Adopt California’s ABC Contractor Classification Test for Unemployment Purposes

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Most attention about whether the Biden administration would attempt to adopt a version of California’s notorious “ABC test” for determining whether individuals are properly classified as employees or independent contractors...more

Verrill

NLRB General Counsel Says “Rat’s It”: Scabby the Rat Here to Stay

Verrill on

Who is Scabby? Scabby is an inflatable rat, sometimes installed by unions at protests and on picket lines. Scabby has been around since the late 1980s and is a well-known symbol to passersby of an ongoing labor dispute....more

Sheppard Mullin Richter & Hampton LLP

Expanding Independent Contractors in California: New Law Awaits Governor’s Signature

As we have previously reported, California law utilizes the “ABC” test to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of...more

Seyfarth Shaw LLP

A Change Is Gonna Come - Governor Murphy Announces Proposed Legislation to Revise New Jersey’s Anti-Workplace Harassment Laws for...

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Seyfarth Synopsis: On February 18, 2020, Governor Phil Murphy announced proposed legislation amending New Jersey’s anti-workplace harassment laws for both public and private employers. ...more

Epstein Becker & Green

Two Recent Efforts, from Different Political Directions, to Adapt the FLSA to the 21st Century

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Over the past six months, Congress has made two notable attempts to amend the Fair Labor Standards Act of 1938 (the “FLSA”). In July, U.S. Representative Elise Stefanik (R-NY) introduced The Modern Worker Empowerment Act...more

Epstein Becker & Green

Employment Law This Week®: DOL Enforcement Records, CSAL Supplement, AI Technology, NJ’s Gig-Worker Bill - Monthly Rundown

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This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into December 2019. The episode includes: 1. Federal Agencies Hit New Enforcement Records The Department of...more

Fisher Phillips

New Jersey May Not Go Down Same Road As California With Gig Worker Proposal

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Things were starting to get dicey in the Garden State as the legislature debated a California-like proposal that would have caused serious problems for gig economy companies and other businesses utilizing contract labor. But...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Bill Would Codify a Stricter Version of ABC Test for Determining Independent Contractor Status

On November 7th a bill was introduced in the New Jersey legislature that would, like California’s AB 5..., codify a stricter version of the ABC test for determining independent contractor classification. The bill, S4204...,...more

Ervin Cohen & Jessup LLP

AB 5: When Legislators and Lobbyists Collide

What happens when legislative efforts are met with focused pressure from a variety of industries, civic groups and professional lobbyists? Witness pending Assembly Bill 5, a hopelessly confusing mixture rules and exceptions...more

Littler

California Legislature Moves Forward with Bill to Redefine Independent Contractor Relationships

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On July 10, 2019, the California Senate Labor, Public Employment, and Retirement Committee (Committee) advanced a proposed legislative response to the California Supreme Court's opinion in Dynamex v. Superior Court, which...more

Stokes Wagner

California Likely to Codify Dynamex in New Bill Ab-5

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On April 30, 2018, the California courts rocked the State’s labor and employment landscape with the decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (“Dynamex”). The court’s decision changed the way...more

Snell & Wilmer

Dynamex Impact on California Businesses – Revisiting Dynamex One Year Later

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It has been more than a year since the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, setting forth a new test for determining whether a worker is...more

Littler

Back to the Future: California Employment Bills Likely to Resurface in 2018

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As discussed in a prior article, unsuccessful bills proposed in the California legislature in 2017 can carry over into the 2018 session. State lawmakers may revive measures that did not make it through both chambers of the...more

Fisher Phillips

Could Congress Soon Swoop In To Aid The Gig Economy?

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Reports out of Washington, D.C. indicate that gig economy businesses could be in for an end-of-the-year treat in the form of game-changing legislation. Chris Opfer and Tyrone Richardson of Bloomberg BNA report that Senate...more

Fisher Phillips

Could A Proposed Federal Law Solve The Misclassification Riddle?

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For years, businesses have struggled with properly identifying workers as either independent contractors or W-2 employees. The hundreds of thousands of jobs created by the gig economy have complicated matters even further....more

Littler

Federal Bill Seeks to Create Portable Benefits for Gig Economy Workers

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Senator Mark Warner (D-VA), a lawmaker known for closely monitoring the changing nature of work, has introduced in the Senate legislation to promote innovative ways to offer portable benefits to workers in the on-demand...more

Troutman Pepper

What the First-Ever Bill Promoting Portable Benefits for Independent Contractors Does – And Does Not Do

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Independent contractors and other contingent workers are not currently eligible for workers’ compensation, disability benefits, health insurance coverage, and pension benefits under federal and most state laws. This may well...more

Rumberger | Kirk

UberSuccessful Digital Business Model May Crash If Florida Court Classifies Drivers as Employees

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It’s no secret that the multi-billion dollar gig-economy app company has faced its share of speed bumps, roadblocks, and controversies the last several years. As a result of issues with local regulatory traffic laws, rider...more

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