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California Supreme Court Upholds Proposition 22

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

U.S. Department of Labor Finalizes Independent Contractor Regulation

The U.S. Department of Labor published a final rule on January 9, 2024, defining “independent contractor” under the Fair Labor Standards Act (FLSA). The final regulation rescinds a 2021 rule defining the same term. In place...more

DOL Clarifies That Gig Workers Can Qualify for COVID-19 Unemployment Benefits When Their Work Dries Up

The Department of Labor has clarified that gig workers qualify as “unemployed” under the Pandemic Unemployment Assistance (PUA) Program when they lose a significant amount of business because of COVID-19. ...more

New Jersey Bill Would Bring California-Style ABC Test to the Garden State

Already a tough place for employers, New Jersey may be about to get even tougher. The Garden State is one of only a handful of states widely using the so-called ABC test, which makes it harder for businesses to classify...more

AB 5: The Great California Employment Experiment—A Littler Workplace Policy Institute Report

Assembly Bill (AB) 5, currently pending in the California legislature, would impose the “ABC” test on California businesses and workers, dramatically altering the legal standards applied in evaluating whether a worker is an...more

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