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On-Demand Services Wage and Hour

DailyPay, Inc.

Earned Wage Access: A Financial Wellness Solution For The American Worker

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Today, most Americans are unable to afford a $500 emergency expense. For individuals living paycheck-to-paycheck, encountering an unplanned expense–like a car repair or medical bill–can drive them to overdraft their bank...more

Seyfarth Shaw LLP

Legal Update: New York City Announces Nation’s First Minimum Wage for App-Based Delivery Drivers

Seyfarth Shaw LLP on

Seyfarth Synopsis: In what New York City has billed as the “first-of-its-kind minimum pay rate for app-based restaurant delivery workers,” gig economy delivery workers will be entitled to almost 20 dollars per hour by April...more

Littler

Dutch Supreme Court Finds On-Demand Deliverers Are Not Self-employed

Littler on

The Dutch Supreme Court has just ruled that Deliveroo meal deliverers are not self-employed, but rather “regular” employees. With this decision the Supreme Court confirms the earlier judgments of the Cantonal Court and the...more

Sheppard Mullin Richter & Hampton LLP

Treasury Department Proposes Non-Loan Status for Earned Wage Access

In March, U.S. Department of Treasury issued its annual General Explanations of the Administration’s Revenue Proposals, commonly known as the “Green Book.”  Among other revenue proposals, the Treasury addressed the treatment...more

Littler

Littler Global Guide - Switzerland - Q4 2021

Littler on

The High Court of the Canton of Vaude recently decided that the couriers of an online food ordering and delivery service are in fact employees. Very interestingly, the Court concluded that the digital platform leases them out...more

Robins Kaplan LLP

Financial Daily Dose 3.17.2021 | Top Story: Uber to Reclassify Its 70k British Drivers as “Workers”

Robins Kaplan LLP on

Uber will officially classify its British drivers, all 70,000 of them, as “workers” following a “major legal defeat” for the ride-hailing company in the British Supreme Court last month. The move entitles the drivers to “a...more

Littler

WPI Labor Day Report 2020

Littler on

Introduction - Prior Workplace Policy Institute (WPI) Labor Day Reports focused on key employment developments and trends to provide employers with insight on the state of work and what to expect in the coming year....more

Robins Kaplan LLP

Financial Daily Dose 6.30.2020 | Top Story: Supreme Court Allows President to Fire CFPB Director, Lets Agency Remain

Robins Kaplan LLP on

By a 5-4 margin, the Supreme Court has ordered the restructuring of the Consumer Financial Protection Bureau, “ruling the agency’s structure was unconstitutional because its director held too much unchecked power.” The fix,...more

Ballard Spahr LLP

NY Court of Appeals Grapples with Classifying Gig Workers and the Modern Economy

Ballard Spahr LLP on

The New York Court of Appeals recently affirmed the decision of the Unemployment Insurance Appeals Board that Postmates couriers should be classified as employees, not independent contractors, for purposes of unemployment...more

Epstein Becker & Green

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

Epstein Becker & Green on

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

Womble Bond Dickinson

New Jersey Bill Would Prohibit Certain Wages-on-Demand Services and Regulate Others

Womble Bond Dickinson on

In 2019, California was the first state to take a swing at explicitly regulating wages-on-demand services. The state senate considered a bill that would provide exemptions to payday lending, money transmission, and financing...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

Littler

2020 Vision in the UK – A Look at the Year Ahead

Littler on

Well, first of all, the UK is going to get Brexit done! What this will feel like after years of wrangling will remain to be seen. There are some reports that Boris Johnson’s newly elected government is squaring up for a...more

Ballard Spahr LLP

NJ DOL Bills Uber $650M for Misclassified Drivers

Ballard Spahr LLP on

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

Hogan Lovells

U.S. Department of Labor Opines: Gig Economy Workers for Virtual Marketplace Company Have “Economic Independence”; Are Not...

Hogan Lovells on

In a lengthy April 29, 2019 Opinion Letter, the U.S. Department of Labor (“DOL”) examined the relationship between a virtual marketplace company (“VMC”) and its service providers.  Applying a six-factor test derived from U.S....more

Proskauer - Law and the Workplace

DOL Validates Independent Contractor Relationships in the On-Demand Marketplace

In an opinion letter issued April 29, 2019, the U.S. Department of Labor’s Wage and Hour Division concluded that a “virtual marketplace company” (“VMC”) that connects service providers with consumers is not the employer of...more

Fisher Phillips

Local Ordinances Not Sold On Gig Workers In Retail

Fisher Phillips on

Is there nowhere that the gig economy can’t go? As gig workers expand into increasingly unlikely industries—including restaurants, hospitality, beauty, healthcare, and even science—it comes as no surprise that retail wants in...more

Fisher Phillips

Examining the Dynamex ‘ABC Test’ by Various On-Demand Worker Types

Fisher Phillips on

The California Supreme Court issued its long-awaited decision in Dynamex Operations West, Inc. v. Superior Court last week. The weight of the court’s decision to apply a three-prong test to determine whether a worker is an...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

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

Fisher Phillips

Labor Secretary Again Speaks Out On The Gig Economy

Fisher Phillips on

U.S. Department of Labor Secretary Alexander Acosta made the news again this week due to his remarks on the ever-growing gig economy and the need for increased legislative attention on this topic. As we discussed in an...more

Fisher Phillips

Acosta Wants to Focus on the Gig Economy

Fisher Phillips on

The on-demand economy recently got some attention from a very powerful source. On October 25, U.S. Department of Labor Secretary Alexander Acosta stated during an event organized by the Jack Kemp Foundation that he believes...more

Fisher Phillips

August 2017: The Top 11 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no...more

Littler

WPI Insider Briefing: What Will the Second Hundred Days of the Trump Administration Hold?

Littler on

From the workplace policy perspective, much of the focus of the first 100 days of the Trump administration was on confirming a new Secretary of Labor and reversing the Obama administration’s labor and employment agenda....more

Troutman Pepper

Limited Impact of New Florida Law Deeming Uber, Lyft and Other Ride-Sharing Drivers Independent Contractors and Not Employees

Troutman Pepper on

On May 9, 2017, Governor Rick Scott of Florida signed the Transportation Network Companies Act (HB 221), which designates drivers for ride-sharing companies in the on-demand or gig economy as “independent contractors” as long...more

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