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Independent Contractors Delivery Drivers

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Perkins Coie

California Supreme Court Upholds Proposition 22

Perkins Coie on

The California Supreme Court issued its decision in Castellanos v. State (Castellanos) on July 25, 2024, ruling Proposition 22 (Prop 22), the initiative that allows businesses to classify drivers for app-based transportation...more

Amundsen Davis LLC

California’s Supreme Court Upholds Proposition 22 Allowing Gig Workers To Be Classified As Independent Contractors

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On July 25, 2024, CaliforniaCalifornia’s Supreme Court issued a highly anticipated ruling that allows app-based rideshare and delivery companies to classify drivers as independent contractors instead of employees, if certain...more

McGlinchey Stafford

Court Upholds Law Classifying App-Based Drivers as Independent Contractors: Does What Happens in California, Stay in California?

McGlinchey Stafford on

The California Supreme Court recently upheld a California law that classifies drivers for app-based transportation companies, such as Uber, Lyft, or DoorDash, as independent contractors and not employees, provided the company...more

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

Supreme Court of California Upholds Law Classifying App-Based Drivers as Independent Contractors

On July 25, 2024, the Supreme Court of California upheld a state law permitting ride-sharing apps to continue classifying their drivers as independent contractors, rather than employees. ...more

Fox Rothschild LLP

Proposition 22 Survives: App-Based Rideshare and Delivery Companies May Continue to Properly Classify Drivers as Independent...

Fox Rothschild LLP on

In a substantial win for app-based rideshare and delivery companies, the California Supreme Court unanimously upheld California Proposition 22 as constitutional on July 25, 2024. California Ballot Initiative Proposition 22...more

CDF Labor Law LLP

California Supreme Court Upholds Proposition 22: What It Means for Gig Economy Workers and Companies

CDF Labor Law LLP on

Last week, on July 25, 2024, the California Supreme Court in Castellanos v. State of California unanimously upheld Proposition 22, the 2020 ballot measure that allows gig economy businesses like Uber and Lyft to legally...more

Proskauer - California Employment Law

California Supreme Court Delivers Big Win for Gig Companies

On July 25, 2024, the California Supreme Court upheld the constitutionality of Proposition 22, the law allowing gig economy workers to be classified as independent contractors. The decision ends a nearly four-year legal...more

Epstein Becker & Green

The Gig Continues: California Supreme Court Upholds Proposition 22

Epstein Becker & Green on

On July 25, 2024, the California Supreme Court issued its long-awaited ruling in Castellanos et al., v. State of California and Protect App-Based Drivers and Services, et al., upholding the 2020 voter initiative known as...more

Littler

California Supreme Court Upholds Proposition 22

Littler on

After years of litigation, the California Supreme Court upheld Proposition 22, a voter-approved law allowing app-based drivers to work as independent contractors. The Court rejected a challenge by a group of labor unions,...more

Jackson Lewis P.C.

California Supreme Court Upholds Proposition 22 as Constitutional

Jackson Lewis P.C. on

Castellanos v. State of California centered on the constitutionality of Proposition 22, the “Protect App-Based Drivers and Services Act,” which allowed app-based rideshare and delivery companies to hire drivers as independent...more

Manatt, Phelps & Phillips, LLP

California’s AB 5 Survives Ninth Circuit Review

California’s Assembly Bill 5 (AB 5) doesn’t violate federal or state Equal Protection clauses, the en banc Ninth U.S. Circuit Court of Appeals has determined. The dispute dates back to 2019, when the state legislature...more

Maison Law

California Uber Accidents and Personal Injury Claims

Maison Law on

Uber is a California-born taxi service that relies upon apps on tablets, smartphones, and computers. Requests for service come with a few finger taps rather than hailing for cabs or competing with other taxi riders for...more

Morgan Lewis

US Supreme Court Clarifies Application of Federal Arbitration Act’s ‘Transportation Worker’ Exemption

Morgan Lewis on

In Bissonnette v. LePage Bakeries, a unanimous Supreme Court clarified the scope of the Federal Arbitration Act’s (FAA’s) “transportation worker” exemption by rejecting the industry-based test applied in the Second Circuit....more

Amundsen Davis LLC

[Webinar] Independent Contractors in the Transportation Industry – Is Your Business Compliant? - May 15th, 10:00 am CT

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The Department of Labor (DOL) recently published a final rule on independent contractor classification under the Fair Labor Standards Act (FLSA). Transportation and logistics companies using independent contractors for...more

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

No Entitlement to ‘Worker’ Rights When There Is a Power of Substitution, UK Supreme Court Rules

The United Kingdom is unusual in having an intermediate employment category—“worker”—that sits between “employee” and “independent contractor.” Workers have more rights than self-employed independent contractors, but fewer...more

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

Digital Platforms, Beware of the Evolving EU Platform Work Directive

After more than two years of legislative highs and lows for the European Union’s proposed Platform Work Directive, the EU may be inching closer to adopting regulations on the classification of platform workers, such as...more

CDF Labor Law LLP

SCOTUS Set To Weigh In On Whether Courts May Dismiss Actions That Are Referred To Arbitration

CDF Labor Law LLP on

CDF Wage and Hour Task Force – Monthly Blog - Enforceable arbitration agreements continue to provide California employers who are faced with wage and hour claims with significant benefits....more

Littler

British Columbia Statute on Minimum Employment Standards for App-based Gig Workers Receives Royal Assent, But Relevant Provisions...

Littler on

On November 30, 2023, Bill 48 – 2023: Labour Statutes Amendment Act, 2023 (Bill 48), received Royal Assent from the Government of British Columbia (BC).  Bill 48 is a statute pertaining to minimum employment standards for...more

Manatt, Phelps & Phillips, LLP

Ninth Circuit to Hear AB 5 Challenge En Banc

In the latest chapter of the saga of California’s Assembly Bill 5, the Ninth U.S. Circuit Court of Appeals vacated a panel decision finding that the law violated the Equal Protection Clause and granted rehearing en banc. ...more

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

What’s Going on in Mexico This Week? Congress Considers 40-Hour Workweek, Amendments to Federal Labor and Employment Laws

Mexico’s Congress has continued to make progress on several legislative items of importance to employers and employees alike, including, most especially, a proposed reduction in the maximum number of workweek hours....more

Jackson Lewis P.C.

New York City’s Pay Protections for App-Based Workers Upheld, Allowed to Go Into Effect

Jackson Lewis P.C. on

New York City is the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers. Delivery platform companies should immediately pay delivery workers the minimum pay rate of at least $17.96...more

Marshall Dennehey

Federal Court Dismisses Wrongful Death Action Against an Online Food Delivery Platform

Marshall Dennehey on

DeRose for Estate of DeRose v. DoorDash, Inc., 2023 WL 3840655 (E.D.N.C. Jun. 1, 2023) - The parents of a pedestrian brought an action for wrongful death and negligent infliction of emotional distress against DoorDash,...more

Jackson Lewis P.C.

New York City’s New Pay Protections for App-Based Delivery Workers Temporarily Stayed by Appellate Court

Jackson Lewis P.C. on

New York City is still undertaking efforts to become the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers. The new law was initially scheduled to go into effect July 12, 2023....more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #368 – Delivery Drivers and Restaurants Targeted by Scams

It is so convenient now to order food from restaurants and have it delivered right to your door with delivery services like DoorDash and Uber Eats. Restaurants and delivery drivers depend on these services and orders to make...more

Jackson Lewis P.C.

New York City’s New Pay Protections for App-Based Restaurant Delivery Workers Are Stayed

Jackson Lewis P.C. on

New York City was on track to becoming the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers. However, the new law, which was scheduled to go into effect July 12, 2023, has been...more

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