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Sharing Economy Corporate Counsel

Littler

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

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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

Orrick - Trade Secrets Group

Upon Reflection, Some Trade Secrets May Be Less Secret Than They Appear

A recent case in Florida is a reminder that when dealing with government entities, trade secrets may be disclosed to the public, especially if that information has been aggregated. ...more

Locke Lord LLP

October 2017 Independent Contractor Misclassification and Compliance News Update

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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

Littler

France's Department of Labor Issues Guidance on New Corporate Social Responsibility Obligations

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Following the introduction of new corporate social responsibility obligations for collaborative platforms towards independent workers, the French Department of Labor published guidance to clarify the scope of this...more

Carlton Fields

Uber Customer Arbitration Agreement Enforceable Under California Law, Says Second Circuit

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The Second Circuit has found that Spencer Meyer, a customer of Uber, was provided “reasonably conspicuous” notice of Uber’s Terms of Service to which he “unambiguously manifested assent” when he created an Uber account, such...more

Fisher Phillips

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

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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

Coblentz Patch Duffy & Bass

Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

On August 17, 2017, the United States Second Circuit Court of Appeals issued a landmark ruling in Meyer v. Kalanick that clarifies the standards for contract formation in the age of smartphones and mobile contracting,...more

Ballard Spahr LLP

Uber Settles FTC Dispute Over Consumer Data Privacy and Security Allegations

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There are several key takeaways from a 20-year proposed consent order agreed to by Uber Technologies, Inc. (Uber) and the Federal Trade Commission (FTC)...more

Hogan Lovells

Sharing Economy: European Parliament call for EU level guidance on employment and social security questions

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To regulate or not to regulate: This question becomes relevant for the sharing economy after last week’s European Parliament resolution calling for clear EU guidelines on the collaborative economy. The resolution is a...more

Fisher Phillips

Next Crack In The Wall: NY Uber Drivers Held To Be Employees

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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

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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

FordHarrison

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

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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

Gig Economy Game-Changer? New Florida Law Ensures Contractor Status For Drivers

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The state of Florida is about to enact first-of-its-kind legislation that will ensure most ride-sharing drivers are independent contractors and not employees, eliminating costly misclassification battles and providing a...more

Troutman Pepper

March 2017 Independent Contractor Misclassification and Compliance News Update

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The past month included significant state and federal appellate court decisions, large settlements of IC misclassification class actions, class and collective action certifications, and two IC misclassification class actions...more

Polsinelli

Presentation Matters When Seeking to Compel Arbitration in Consumer Class Actions

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A pair of recent opinions proves that when it comes to compelling arbitration in a consumer class action, presentation of the arbitration clause may matter more than favorable Supreme Court precedent. First, in Norcia v....more

Troutman Pepper

Spoiler Alert: Rulings Expected on Uber and Lyft Independent Contractor Settlements

Troutman Pepper on

Judges in California will likely soon issue rulings affecting two ride-sharing companies, Uber and Lyft. Those connected with the Lyft case will be pleased because it is expected that a federal district court judge in San...more

Troutman Pepper

January 2017 Independent Contractor Misclassification and Compliance News Update

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January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

Troutman Pepper

December 2016 Independent Contractor Misclassification and Compliance News Update

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In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

Carlton Fields

Ninth Circuit Denies Rehearing En Banc, Requires Ex-Uber Drivers to Arbitrate Claims Individually

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The Ninth Circuit denied rehearing en banc of its September order holding that the district court erred in deciding whether two drivers who sued Uber Technologies, Inc. (“Uber”) on behalf of themselves and a putative class...more

Troutman Pepper

New Uber Ruling Reveals Another Costly IC Misclassification Exposure for On-Demand Companies

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Gig economy companies based on an independent contractor model beware. On December 14, 2016, a federal court in Pennsylvania denied a motion to dismiss an “on-call” wage claim in a class action lawsuit filed against Uber by...more

Troutman Pepper

November 2016 Independent Contractor Misclassification and Compliance News Update

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Our news update for last month highlights the fact that IC misclassification lawsuits are happening across the country and in virtually every industry, both in the on-demand economy and in more traditional business sectors....more

Holland & Knight LLP

FTC Report on Sharing Economy Cautions Regulators Not to Impede Innovation

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In 1942, economist Joseph Schumpeter observed that the "creative destruction" of innovation often drives economic growth in market economies as companies continuously introduce new products or services, or new ways to produce...more

Proskauer - New Media & Technology

Website Design Implicated in Two Rulings on Enforceability of Online Terms – Highlights the Importance of Legal Review of Design...

This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted, clickthrough agreements are generally more likely to be found to be enforced. ...more

Troutman Pepper

October 2016 Independent Contractor Misclassification and Compliance News Update

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Our update for this past month is noteworthy for the fact that we report below on IC misclassification lawsuits plaguing some of the largest and most recognizable companies in the U.S. (like Uber, Amazon, and FedEx) as well...more

Troutman Pepper

August 2016 Independent Contractor Misclassification and Compliance News Update

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This month’s news update includes three initiatives by the U.S. Department of Labor to combat IC misclassification. The first was the issuance of a new page on the DOL website called “Misclassification Mythbusters.” We...more

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