Topic
Employee Classification
240 published works
Hiring To Firing Law Blog
A-B-C: Not As Easy as 1-2-3 for California Employers to Maintain Independent Contractor Relationships Under AB-5
On September 18, 2019, California Governor Gavin Newsom signed into effect the much-anticipated AB-5 Bill, which imposes heightened standards when assessing whether to classify workers as independent contractors rather than…
California Peculiarities Employment Law Blog
Who Are Independent (Contractors)? Throw Your Hands Up At Me!
By Eric Lloyd, Pamela L. Vartabedian
Seyfarth Synopsis: California’s hotly contested and closely followed AB 5 independent contractor bill, which would extend the ABC test beyond Wage Order claims, just passed the California Senate, and now…
PrawfsBlawg
Trade Secrets, FOIA, Research & Platforms
Main Wednesday, September 04, 2019Trade Secrets, FOIA, Research & PlatformsAll of the above meet in today's hot story from Bloomberg on how Uber is claiming that the information that cities…
Who Is My Employee?
Opinion Piece Asks California Not to Be the Pigeon in this Photo
I took this picture last week in Paris, walking through the Jardin des Tuileries with my family, just outside the Louvre. If you think of the statue as being…
Labor & Employment Insights
Recent Developments in the Battle of Independent Contractors vs. Employees
We’ve posted on this topic several times before but the battle between independent contractors and employees continues. Here’s a brief refresher on the basics of why proper classification of employees…
Who Is My Employee?
New ABC Test Under Federal Labor Law? Dem-Sponsored Bill Would Make That Change
All eyes on me! According to The Atlantic, when a peacock spreads and shakes its elaborate feathers, it shakes them at 26 times a second, which creates a pressure wave that…
Hunton Employment & Labor Perspectives
Uber Drivers Not Employees According to NLRB Advice Memo
By Michael Reed, Amber M. Rogers
In a recent advise memorandum, the National Labor Relations Board set forth its position that drivers for the rideshare company Uber are independent contractors, not employees, for purposes of the…
Management Memo
NLRB General Counsel Concludes That Drivers Using the Uber App Are Independent Contractors, Not Employees
The Division of Advice of the National Labor Relations Board (“NLRB” or “Board”), in an Advice Memorandum, dated April 16, 2019 (“Advice Memo”),[1] has concluded that “drivers providing personal transportation…
HR Defense
DOL and NLRB Agree: Gig Economy Workers Are Contractors, Not Employees
According to recent guidance issued by the DOL and NLRB, workers in the so-called "gig," "on-demand," or "sharing" economy are independent contractors, not employees. This represents a significant departure from…
Who Is My Employee?
Not Even Cher Could Turn Back Time, But the Ninth Circuit Just Did; Dynamex Test Now Applies Retroactively in California
[embedded content] In a mediocre and overplayed 1989 pop song, Cher sang about how she wished she could turn back time. If she could turn back time, according to the…