On September 11, the California Assembly passed AB 5, a bill that codifies and expands the application of the strict independent contractor test (the “ABC test”) set forth in last year’s decision of the California Supreme...more
9/18/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Non-Exempt Employees ,
Pending Legislation ,
Regulatory Agenda ,
Risk Assessment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Recently, both the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) issued documents supporting independent contractor status, evidencing the more pro-employer stance of the Trump administration as...more
6/6/2019
/ Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
NLRA ,
NLRB ,
Obama Administration ,
Opinion Letter ,
Regulatory Standards ,
Service Professionals ,
Trump Administration ,
Wage and Hour
On Jan. 25, 2019, the Republican-led National Labor Relations Board affirmed the acting regional director’s decision that drivers of a shared airport ride service were independent contractors, not employees, and therefore not...more
On April 30, the California Supreme Court adopted a new and more onerous test (the ABC test) for determining whether individuals are employees or independent contractors. In its decision in Dynamex Operations West, Inc. v....more
5/10/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On April 11, Judge Michael Baylson of the U.S. District Court for the Eastern District of Pennsylvania became the first judge to grant summary judgment on the issue of whether UberBLACK drivers are employees or independent...more
4/18/2018
/ Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Mobile Apps ,
Multi-Factor Test ,
Putative Class Actions ,
Sharing Economy ,
Summary Judgment ,
Transportation Industry ,
Wage and Hour
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
2/15/2018
/ Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
On-Demand Services ,
Sharing Economy ,
Uber ,
Wage and Hour