News & Analysis as of

Wage and Hour Delivery Drivers Employee Definition

CDF Labor Law LLP

California Supreme Court Upholds Proposition 22: What It Means for Gig Economy Workers and Companies

CDF Labor Law LLP on

Last week, on July 25, 2024, the California Supreme Court in Castellanos v. State of California unanimously upheld Proposition 22, the 2020 ballot measure that allows gig economy businesses like Uber and Lyft to legally...more

Epstein Becker & Green

The Gig Continues: California Supreme Court Upholds Proposition 22

Epstein Becker & Green on

On July 25, 2024, the California Supreme Court issued its long-awaited ruling in Castellanos et al., v. State of California and Protect App-Based Drivers and Services, et al., upholding the 2020 voter initiative known as...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

What’s Going on in Mexico This Week? Congress Considers 40-Hour Workweek, Amendments to Federal Labor and Employment Laws

Mexico’s Congress has continued to make progress on several legislative items of importance to employers and employees alike, including, most especially, a proposed reduction in the maximum number of workweek hours....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

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

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

Manatt, Phelps & Phillips, LLP

California Enacts Multiple Employment Laws

As the legislative term came to an end in California, several employment-related bills were enacted....more

Manatt, Phelps & Phillips, LLP

Driver’s Misclassification Suit Gets New Life From Ninth Circuit

The retroactive application of Dynamex may permit a Grubhub driver’s suit alleging he was misclassified as an independent contractor, according to a new decision from the U.S. Court of Appeals for the Ninth Circuit....more

Ervin Cohen & Jessup LLP

Ninth Circuit Holds that the Dynamex ABC Test Applies Retroactively, But Not Prop. 22

On September 20, 2021, the Court of Appeals for the Ninth Circuit reversed Grubhub, Inc.’s lower court victory in a class action case involving the alleged misclassification of a former driver. The driver claimed he was...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

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

Fisher Phillips

In Big Win For Gig Companies, California Voters Approve Proposition 22

Fisher Phillips on

In one of the most closely watched (and most expensive) fronts in the ongoing battle over employment classification of gig workers, California voters appear to have approved Proposition 22, a ballot measure that confirms the...more

Genova Burns LLC

The End of the Beginning, or the Beginning of the End?

Genova Burns LLC on

On August 10, 2020, a California judge ordered Uber Technologies, Inc. and Lyft Inc., to reclassify their drivers from independent contractors to employees by August 20, 2020. The ruling is the opening salvo in the litigation...more

Epstein Becker & Green

Emergency Stay of TRO Against Ride Share Companies Means Californians Won’t Have to Live Without Services

Epstein Becker & Green on

As we wrote here just several days ago, Californians were facing the seemingly unimaginable this week– the possibility of living without ride share services for the foreseeable future....more

Ballard Spahr LLP

Do Lawsuits in California and Massachusetts Threaten the Gig Economy as We Know It?

Ballard Spahr LLP on

The COVID-19 pandemic has underscored the important role that gig workers play in our economy. At the same time, it also has highlighted the working conditions of gig workers, spurring several states to take action on their...more

Epstein Becker & Green

Ride Share Companies Likely to Appeal California TRO Requiring Them to Treat Drivers as Employees

Epstein Becker & Green on

We have written here frequently about California’s controversial AB 5 law, which permits companies to treat workers as independent contractors only if they satisfy a stringent “ABC” test....more

Littler

Initiative to Overturn California Independent Contractor Law for App-Based Drivers, Deliverers Advances

Littler on

On January 2, 2020, the Attorney General for the State of California released the title and summary of Initiative 19-0026—a proposed ballot measure that would overturn the state’s recently enacted independent contractor law,...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

Epstein Becker & Green

California Ballot Initiative Would Remove Ride-Share and Delivery Drivers from the “ABC” Test

Epstein Becker & Green on

As we wrote here recently, California’s Governor Gavin Newsom signed a bill known as AB5, which is designed to make it more difficult for companies to treat workers as independent contractors. The new law, which goes into...more

Fisher Phillips

California Voters May Get Chance To Overturn ABC Test For Gig Drivers

Fisher Phillips on

When California’s AB 5 was signed into law last month, a chorus of voices decried the fact that it could radically change the gig economy as we know it. Many contended that the average app-based driver enjoyed being an...more

Fisher Phillips

4 Things You Need To Know About Grubhub Plaintiff’s Reply Brief

Fisher Phillips on

Regular readers of this blog know about the Grubhub gig economy misclassification litigation. The quick version: Grubhub squared off with a former driver, Raef Lawson, in the nation’s first-ever gig economy misclassification...more

Franczek P.C.

Another Obama-Era NLRB Precedent Bites the Dust: A Swing Back Toward the Importance of “Entrepreneurial Opportunity” in...

Franczek P.C. on

On January 25, 2019, the National Labor Relations Board (“NLRB”) issued its decision in SuperShuttle DFW, Inc. and Amalgamated Transit Union, overturning the Obama-era decision in FedEx Home Delivery, which downplayed the...more

Locke Lord LLP

December 2018 Independent Contractor Misclassification and Compliance News Update

Locke Lord LLP on

There were only a handful of independent contractor misclassification cases of significance in December, but each of those matters relate to the subject of prior comprehensive posts on this blog....more

Ervin Cohen & Jessup LLP

Employment Law Reporter June 2018: California Supreme Court Delivers a Hard Blow to the Gig Economy

In a new ruling with dramatic consequences for the gig economy, the California Supreme Court made it harder to classify workers as independent contractors. For the past thirty years, the test for determining whether a worker...more

Stoel Rives LLP

California Supreme Court Makes It More Difficult for Employers to Classify Workers as Independent Contractors

Stoel Rives LLP on

For almost 30 years, California courts have primarily used a subjective, multi-factor test in determining whether a worker was properly classified as an employee or independent contractor. In March of this year, the...more

56 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide