Topic
worker classification
979 published works
Who Is My Employee?
A New Low for California’s Independent Contractors? ABC Test May Be Adopted for the Whole Labor Code
California is the home of both the highest and the lowest points in the continental U.S. — Mt. Whitney at 14,495 feet and Death Valley at -282 feet. As far…
Ogletree Deakins Insights
A Dozen Major Employment Law Bills Wind Through the California Legislature
The California State Senate and Assembly have been busy this year, moving a number of employment law bills through the legislative process. May 31, 2019, was the deadline for either…
WISE
NLRB General Counsel’s Office Says Uber Drivers are Independent Contractors
By ssteinig
Uber drivers are “independent contractors” and not “employees” under the National Labor Relations Act (“NLRA”), according to an Advice Memorandum issued on May 14, 2019, by the Office of the…
Who Is My Employee?
Say It Like You Mean It! NLRB Says Uber Drivers are Independent Contractors
Section 223 looks delicious! I was in Phoenix last week and saw this sign at a Diamondbacks Game. The seats in Section 223 were probably plastic and hard to chew…
Workers’ Compensation Law Prof Blog
More Federal “Guidance” on Gig Economy Workers – Stale and Not Illuminating
As a professor of traditional labor relations law in addition to workers' compensation law (and as co-author of a labor law textbook), I took notice when people started messaging me…
Labor Relations Update
NLRB Office of the General Counsel Advises that Uber Drivers Are Not Statutory “Employees”
By Mark Theodore, Joshua Fox, Jacob P. Tucker
In an Advice Memorandum dated April 16, 2019, but released on May 14, 2019, the NLRB’s General Counsel staked out a position in one of the most contentious and influential…
Independent Contractor Misclassification & Compliance
Second Favorable Ruling for Insurance Companies on Independent Contractor Misclassification
By Richard Reibstein Esq. of Littler Mendelson P.C.
Following on the heels of a very favorable decision by a federal appellate court earlier this year that insurance agents for American Family Insurance were not misclassified by the company…
Canada in Focus
Common law reasonable notice of termination for independent contractors?
In the recent decision in Cormier v 1772887 Ontario Limited, an Ontario Superior Court judge stated that in some circumstances it would be reasonable to consider an employee’s years of…
Wyatt Employment Law Report
Department of Labor Weighs In In Favor of Gig Economy Employers
By WyattLLP
By Thomas Travis On April 29, 2019, the Department of Labor issued an opinion letter pertaining to individuals providing services in the “unidentified virtual marketplace,” and placed a thumb on…
Pennsylvania Labor & Employment Blog
DOL Weighs in on Independent Contractors in the Gig Economy
By Adam R. Long
The issue of independent contractors and employment status continues to vex employers and present substantial liability risks. The employment laws generally cover only employees, not independent contractors. Properly classified independent…