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State Labor Laws ABC Test Uber

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

Fox Rothschild LLP

Can $100,000,000 Be A Good Deal– Ask Uber!

Fox Rothschild LLP on

Uber just settled its New Jersey UI audit on independent contractor assessment for $100,000,000, down from an original sum much greater. Pretty good considering that misclassification is a heavy focus of the NJ Department of...more

Obermayer Rebmann Maxwell & Hippel LLP

California’s Struggle With Its “ABCs” Continues

In January of 2020, California enacted a new law that codifies a strict test for determining if workers are independent contractors or employees and thereby entitled to minimum wage, overtime, and various other benefits. ...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

FordHarrison

Driving in Reverse? Uber/Lyft Drivers Seek to Undo California's Proposition 22

FordHarrison on

Note to Readers: In this two part-series, we will discuss major developments in California’s gig economy landscape this week. Part 1 discusses a lawsuit filed by Uber and Lyft drivers challenging the constitutionality of Prop...more

Obermayer Rebmann Maxwell & Hippel LLP

Freelancing During the Biden Administration: Will the “ABC” Test Go Federal?

Fourth in a Series of Blogs Regarding the Presidential Transition - On January 1, 2020, AB-5 went into effect in California. The law, which had gig workers such as Uber and Lyft drivers squarely in its sights, sought to...more

Ervin Cohen & Jessup LLP

App Companies Victorious in Prop 22 Fight

On November 4, 2020, Uber, Lyft and Door Dash secured a victory in their expensive campaign to categorize app-based drivers as independent contractors. 55% of California voters voted in favor of Proposition 22, which means...more

Manatt, Phelps & Phillips, LLP

Ride-Sharing Companies Drive Home Victory With Ballot Measure

The battle over how to label workers in the gig economy continues in California, with voters approving a new measure exempting ride-sharing companies from a state law declaring drivers to be employees. Proposition 22...more

FordHarrison

California Appellate Court Affirms Preliminary Injunction Requiring Uber and Lyft to Reclassify California Drivers as Employees

FordHarrison on

On October 22, 2020, a California appellate court affirmed a preliminary injunction requiring Uber and Lyft to reclassify California drivers from independent contractors to employees and to comply with the California Labor...more

Miles & Stockbridge P.C.

Uber and Lyft Drivers are Employees in California

In September 2019, the California legislature passed, and Governor Gavin Newsom signed into law, Assembly Bill 5 (“AB5”), which established a more stringent test for classifying workers as independent contractors. This...more

Proskauer - California Employment Law

“Oh, We Were Just Leaving!”: California Court Halts Order Requiring Uber and Lyft to Reclassify Drivers

Last week, Uber Technologies, Inc. and Lyft, Inc. announced that they would suspend ridesharing operations in the State of California in response to an August 10, 2020 San Francisco Superior Court judge’s preliminary...more

FordHarrison

Appellate Court Grants Uber and Lyft Temporary Relief from Re-Classifying Drivers as Employees

FordHarrison on

On August 13, 2020, we reported on the San Francisco Superior Court’s granting of a preliminary injunction ordering Uber and Lyft to re-classify their California drivers from independent contractors to employees and to comply...more

Proskauer - California Employment Law

The Attorney General of California Sues Uber and Lyft for Misclassification

Today, the Attorney General of California and the City Attorneys for Los Angeles, San Francisco, and San Diego filed a lawsuit against Uber and Lyft, alleging that the companies willfully misclassify their drivers. The suit...more

Epstein Becker & Green

California Attorney General’s Misclassification Suit Against Ride Share Companies Sets the Stage for a November Showdown

For those of you who may have been wondering whether the California Attorney General’s office was still open during the statewide stay-at-home order triggered by the coronavirus, the answer is yes – as evidenced by a...more

Holland & Knight LLP

Companies' Failed Request to Block Enforcement of AB 5 Signals Uphill Battle for Challengers

Holland & Knight LLP on

Another California federal judge has denied a request to block the enforcement of California Assembly Bill (AB) 5 while the lawsuit challenging the statute is pending. Specifically, in Olson, et al. v. State of California, et...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

Obermayer Rebmann Maxwell & Hippel LLP

Misclassification “Double Whammy”: New Jersey Hands the Gig Economy Two Pieces of Bad News

In state governments’ continuing efforts to target “Gig Economy” companies and other organizations who rely on independent contractors, New Jersey recently handed Uber Technologies, Inc. a bill for $650 million because it...more

Ervin Cohen & Jessup LLP

AB 5: When Legislators and Lobbyists Collide

What happens when legislative efforts are met with focused pressure from a variety of industries, civic groups and professional lobbyists? Witness pending Assembly Bill 5, a hopelessly confusing mixture rules and exceptions...more

Fisher Phillips

October 2018: The Top 14 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 for the past few years—and this past month...more

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