Topic
worker classification
979 published works
Workers’ Compensation Law Prof Blog
Hustling Through the New DOL FLSA Employee Test – Will it Change Anything?
The Bloomberg Daily Labor Report says, here behind a paywall, that yesterday “the U.S. Labor Department sent to the White House for review a high-profile final rule to ease employers’…
Who Is My Employee?
Statue or Statute? When Defending a Misclassification Claim, Don’t Forget a Limitations Defense
When a New Zealand man was caught snooping around with a torch at a building where he didn’t belong, someone called the authorities. When the local police arrived, the man…
Wage and Hour Defense Blog
California Court of Appeal Rules That the FAAAA Does Not Preempt State’s Controversial Independent Contractor Test
The legal landscape surrounding independent contractor relationships in California continues to evolve swiftly. As we wrote here, in January 2020, state court Judge William Highberger issued a decision holding that…
Wage & Hour - Developments & Highlights
Medical Interpreters Deemed Employees Not Independent Contractors: The Detrimental Effect Of Non-Compete Agreements!
If recent history teaches anything, it is that no industry is immune from attacks on employers who allegedly misclassify workers as independent contractors. In an offbeat case, this has occurred…
HR Defense
California Voters OK Independent Contractor Status for App Service Drivers
By Damien P. DeLaney, Akerman Law
On November 3, 2020, nearly 60% of California voters approved a ballot measure to create a carve-out from the state’s expansive independent contractor law, AB 5, for drivers on technology…
Who Is My Employee?
Say Say Say: How Not to Bungle an Independent Contractor Relationship
Remember the 1983 song, Say Say Say, by Paul McCartney and Michael Jackson? “Say, say, say what you want. But don’t play games with my affection.” The songs asks for…
Independent Contractor Misclassification & Compliance
The Confusing Biden Plan for Independent Contractor Misclassification
By Richard Reibstein Esq. of Littler Mendelson P.C.
President-elect Joe Biden's campaign issued a comprehensive labor plan that seems to focus on empowering unions. But while the title of this campaign platform is "The Biden Plan for Strengthening…
SALT Shaker
Legal Alert: California and San Francisco ballot measures raise important worker classification issues
Last week, California voters passed Proposition 22 – which considers app-based drivers for rideshare and delivery companies to be independent contractors – and San Francisco voters passed Proposition L –…
GT L&E Blog
Voters Approve California Prop. 22: Now What?
By Timothy Long
Rideshare companies like Uber and Lyft are celebrating the passage of Proposition 22 in a 58% to 42% victory. Through passage of the Proposition, certain gig-economy companies were able to…
California Workplace Law Blog
Proposition 22 Passed – What Does It Mean for the Gig Economy in California?
By Adam Y. Siegel, Benjamin A. Tulis
While some of the 2020 election is still undecided, California voters were fairly definitive in their support of Proposition 22, which will now allow app-based rideshare and delivery companies to…