News & Analysis as of

Independent Contractors Gig Economy Uber

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 -
Benesch

California Supreme Court Unanimously Rules that Uber, Lyft Drivers May Remain Classified as Independent Contractors

Benesch on

On July 25, 2024, the California Supreme Court unanimously ruled that Uber Technologies Inc. (“Uber”) and Lyft Inc. (“Lyft”) can continue classifying their California drivers as independent contractors....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

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

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

Ervin Cohen & Jessup LLP

Uber Drivers Cannot Bring Class Action for Employment Claims

In a matter of first impression, a panel for the Third U.S. Circuit Court of Appeals recently affirmed a judgment of the District Court of New Jersey in Singh v. Uber Techs., Inc. (April 26, 2023), compelling arbitration in a...more

CDF Labor Law LLP

California Court Of Appeal Holds That App-Based Driver And Delivery Businesses Can Properly Classify Workers As Independent...

CDF Labor Law LLP on

On March 13, 2023, in Castellanos v. State of California, the California Court of Appeal handed down a pink unicorn decision in favor of app-based driver and delivery businesses that permits them to properly classify workers...more

BakerHostetler

You Can Contract If You Want To: California Appellate Court Leaves Prop 22 Largely Intact

BakerHostetler on

On March 13, a California Court of Appeal reversed most of a lower court ruling invalidating Proposition 22, the state’s 2020 voter-approved gig economy law allowing giant app-based ride-hailing and delivery companies, like...more

Ervin Cohen & Jessup LLP

California Court of Appeals Rules that Proposition 22 is Constitutional...Mostly...For Now

In the 2020 general election, Californians passed Proposition 22, which gave ride-sharing and delivery app companies such as Uber, Lyft, and DoorDash the ability to continue classify their drivers as independent contractors. ...more

Fisher Phillips

Massachusetts High Court Hears Argument on Gig Driver Ballot Question

Fisher Phillips on

As we wrote back in January, Massachusetts is in the midst of a multi-fora battle over whether gig drivers (those using app-based platforms such as Uber, Lyft, DoorDash, and Instacart) should be treated as employees or...more

Fisher Phillips

Dispute Over Gig Drivers’ Independent Contractor Status Being Fought on All Fronts in Massachusetts

Fisher Phillips on

Massachusetts is one of handful of states to have adopted the stringent “ABC” test for determining whether a worker is an independent contractor or employee. That has made it one of the most fertile battlegrounds over this...more

Console and Associates, P.C.

Dangers Delivery Drivers Face

We Looked at Ten Years of Delivery Driver Data: Here’s What We Learned - Whether delivery drivers are transporting packages, groceries, takeout food, or people, they’re also carrying a greater risk, compared to the average...more

Manatt, Phelps & Phillips, LLP

The Battle Continues: Prop 22 Struck Down, AB 5 Appealed

The long-running battle over the classification of workers as independent contractors or employees in California continues, with a trial court judge striking down Proposition 22 and an appeal to the U.S. Supreme Court to...more

Vinson & Elkins LLP

Fourth Time Unlucky? Substitution Clauses And The Ongoing Saga Of Deliveroo’s Workers’ Rights

Vinson & Elkins LLP on

The ‘gig’ economy has been the subject of much commentary in recent times, particularly with regard to the legal status of its workers. As we reported recently, the UK Supreme Court’s ruling that Uber BV’s (“Uber”) drivers...more

Latham & Watkins LLP

Working Out Worker Rights - What Recent Developments Mean for PE

Latham & Watkins LLP on

Worker classification, employee rights, and equal pay are among the issues that require careful consideration in light of recent and forthcoming changes. The COVID-19 pandemic, and the growing emphasis on ESG metrics...more

Seyfarth Shaw LLP

Digital Platform Workers in Europe - Recent Developments

Seyfarth Shaw LLP on

The expansion of the so-called “gig economy” has caused big changes to the labor market in Europe in the last 15 years. This is particularly apparent in the digital platform sector. Companies like Uber and Just Eat which...more

Locke Lord LLP

Independent Contractor Handshake in New York: New Bills Would Establish a Form of “Sectoral” Bargaining for Selected Gig Economy...

Locke Lord LLP on

A set of bills being finalized by the New York State legislature would, if enacted, dramatically alter the landscape of laws affecting independent contractor drivers who provide services to customers of ride-sharing...more

Robins Kaplan LLP

Financial Daily Dose 5.6.2021 | Top Story: Peloton Recalls All Treadmills Over Child-Safety Concerns

Robins Kaplan LLP on

Peloton has recalled all of its treadmill models—the Tread+ and Tread—“less than a month after it fought the U.S. Consumer Product Safety Commission as it warned that dozens of injuries and one death of a child had been...more

BCLP

UK Supreme Court’s decision on status of Uber drivers and its significance on gig economy

BCLP on

Over the past decade, the rapid technological advancement has led to the emergence of the so-called “gig economy”. This term often refers to a market system whereby platform companies engage temporary or freelance workers to...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

Epstein Becker & Green

UK Supreme Court Gives Uber Drivers Five Star Rating (and Workers’ Benefits and Entitlements)

Epstein Becker & Green on

On February 19, 2021, in a landmark decision that may have lasting effects on the gig economy, the United Kingdom Supreme Court unanimously ruled that Uber drivers are workers and are not self-employed contractors, and, as...more

Vinson & Elkins LLP

UK Supreme Court Decides Uber Drivers Are “Workers” – Is This A Big Deal?

Vinson & Elkins LLP on

With Uber being the poster child of the gig economy, last week’s decision by the UK Supreme Court inevitably made waves when it dismissed the appeal in Uber v. Aslam and upheld an employment tribunal’s decision that Uber...more

McDermott Will & Emery

UK Supreme Court Confirms That Uber Drivers Have “Worker” Rights

McDermott Will & Emery on

The UK Supreme Court has decided that Uber drivers are “workers” for UK employment law purposes. In reaching that decision, the Supreme Court unanimously upheld the decision of the original Employment Tribunal and agreed...more

Verrill

Are You Paying Attention to your Classifications?

Verrill on

DOL Scraps Trump-era Interpretative Letters and 60,000 U.K. Uber Drivers Entitled to Worker Benefits - It has been a big day for changes on the worker classification front. In the last 24 hours, Britain’s highest court...more

Robins Kaplan LLP

Financial Daily Dose 2.19.2021 | Top Story: UK High Court Deems Uber Drivers “Employees”

Robins Kaplan LLP on

Britain’s Supreme Court dealt Uber a blow this morning when it ruled that “drivers must be classified as workers entitled to a minimum wage and vacation time.” The decision—a disaster for Uber in a dispute that reaches back...more

CDF Labor Law LLP

Proposition 22 Challenged in Oakland State Court

CDF Labor Law LLP on

Last November, California voters convincingly (almost 60% supporting) enacted Proposition 22.  This Proposition was a well-funded effort that allows gig drivers working for companies like Uber, Lyft and Doordash to avoid the...more

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