Grubhub Decision Put On Ice As Retroactivity Question Looms

You’ve been waiting quite a long time for a critical ruling from the 9th Circuit Court of Appeals on the very fabric of the gig economy model – and you’re going to have wait even longer. The appeals court just announced late last week that the Lawson v. Grubhub case has been put on hold … Read moreGrubhub Decision Put On Ice As Retroactivity Question Looms

The Gig Economy is a Champion of Diversity

While the gig economy often gets derided by worker advocates for being unfair to its workers, one aspect of the nature of gig work is often overlooked: it helps boost diversity to an almost unparalleled degree. The nature of the gig business is somewhat ruthless in that it cuts through a lot of bureaucratic red … Read moreThe Gig Economy is a Champion of Diversity

Bernie Sanders Unveils His Own Gig Economy Plan

You can tell we’re well into the midst of the campaign season when presidential hopefuls reveal their plans for handling various societal concerns. We saw it as several Democratic candidates lined up to offer their plans to combat pay equity issues. Now, it’s the gig economy’s turn. A few months ago, South Bend Mayor Pete … Read moreBernie Sanders Unveils His Own Gig Economy Plan

Gig Companies Lose Round 2 in New Prime Battle As Courts Debate Whether Workers Are Exempt From Arbitration

A federal appeals court decided last week that ride-share drivers engaging in interstate commerce while performing work for Uber should not be subject to the company’s arbitration agreement because of a recent Supreme Court ruling broadly interpreting a federal law exemption that applies to independent contractors. This September 11 ruling threatens to upend a pivotal … Read moreGig Companies Lose Round 2 in New Prime Battle As Courts Debate Whether
Workers Are Exempt From Arbitration

California Governor Says Gig Unions Are On The Way As He Signs ABC Test Into Law

California Governor Gavin Newsom wasted little time by signing AB 5 into law earlier today, and his signing statement should cause quite a few eyebrows to be raised. It was no surprise that he signed the bill into effect; he said he would do as much in an op-ed posted several weeks ago in the … Read moreCalifornia Governor Says Gig Unions Are On The Way As He Signs ABC Test
Into Law

Will New York Be The Next Gig Economy Battlefield?

“Anything you can do, I can do better.” That’s essentially the sentiment floating around Albany these days as New York lawmakers look enviously towards California and its groundbreaking new law that will soon revolutionize the way workers are characterized as contractors or employees. In the wake of California’s AB 5 – a bill that will … Read moreWill New York Be The Next Gig Economy Battlefield?

California Lawmakers Enact ABC Test With No Carveout For Gig Companies

Negotiations continued right up until the end, but when the dust settled on California’s newest employment law, gig economy companies were not spared from the worst. Yesterday, state lawmakers passed AB 5, the state law that will not only codify the same ABC test introduced to the state in last year’s Dynamex decision but will … Read moreCalifornia Lawmakers Enact ABC Test With No Carveout For Gig Companies

Questions Loom Over Possible Gig Economy Solution In 2019 California Legislature

A California State Senate leader may have thrown cold water on the idea that we will see a 2019 legislative solution to the misclassification debate that would preserve the gig economy workforce model as we know it, but her office later clarified that a compromise was still possible before the close of this session. Senate … Read moreQuestions Loom Over Possible Gig Economy Solution In 2019 California
Legislature

9th Circuit Kicks Dynamex Retroactivity Question To State High Court

With just a one-page, single-paragraph Order, the 9th Circuit Court of Appeals yesterday provided the faintest glimmer of hope for gig economy businesses everywhere – but especially for those in California. The federal appeals court withdrew its May 2 decision that had extended the Dynamex decision on a retroactive basis, meaning that the ABC test … Read more9th Circuit Kicks Dynamex Retroactivity Question To State High Court

New York Considering Gig Worker Protection Law

New York lawmakers just introduced the “Dependent Worker Act” into the Assembly and Senate this past week, which proposes to provide workers in the gig economy with certain rights that previously were only available to “employees.” However, just as quickly as the bill was introduced, the bill’s sponsor delayed consideration of the bill until the … Read moreNew York Considering Gig Worker Protection Law

Gig Workers Get New Allies In Fight For Better Pay And Workplace Rights: Uber And Lyft

In a development many wouldn’t find surprising, a collation of forces announced this week that they would like to see ride-sharing drivers for Uber and Lyft receive a guaranteed base wage, flexible benefits, and a new drivers’ association to lend a united voice to represent their interests. What is surprising? The two forces that joined … Read moreGig Workers Get New Allies In Fight For Better Pay And Workplace Rights:
Uber And Lyft

California Bill To Codify ABC Test Passes First Hurdle

Earlier this week, the California Assembly overwhelmingly passed AB5 – a measure that would codify the ABC test introduced to the state in last year’s Dynamex decision, and make life even more challenging for the average gig economy business. The best hope now is that the legislature will take business considerations into account during necessary … Read moreCalifornia Bill To Codify ABC Test Passes First Hurdle

Some States Start To Permit Portable Benefits For Gig Workers

There’s a great story in today’s Bloomberg Law by Genevieve Douglas highlighting the recent trend of states permitting self-employed workers – such as gig economy contractors – to enjoy the fruits of a paid family leave program on a portable basis. This can only be good news for gig economy businesses and the gig economy … Read moreSome States Start To Permit Portable Benefits For Gig Workers

Labor Department Faces Blowback After Gig Economy Opinion Letter

According to Bloomberg Law’s weekly “Punching In” column (an absolute must-read each week) that published today, some congressional leaders are not too pleased with the Labor Department after it published an opinion letter a few weeks ago confirming that certain workers for an unnamed gig economy company were properly classified as independent contractors. As we … Read moreLabor Department Faces Blowback After Gig Economy Opinion Letter

Good Step For Gig Companies: Advice Memo From NLRB’s General Counsel Concludes That Uber Drivers Are Contractors

It’s been a roller coaster two weeks for gig economy companies. On April 29, the U.S. Department of Labor handed gig economy companies a nice outcome by issuing an opinion letter confirming that typical gig workers are, indeed, independent contractors. Just days later, the 9th Circuit spoiled the party by saying that the California ABC … Read moreGood Step For Gig Companies: Advice Memo From NLRB’s General Counsel
Concludes That Uber Drivers Are Contractors

California Opinion Letter Extends Dynamex Reach

It’s been a busy week on the Dynamex front, and the news for businesses continues to get worse. As we recently discussed, the 9th Circuit held just last week that Dynamex and the ABC test should be applied retroactively. The very next day, California’s Division of Labor Standards Enforcement (DLSE) released an opinion letter concluding … Read moreCalifornia Opinion Letter Extends Dynamex Reach

Look It Up: ‘Gig Economy’ Is Added To The Dictionary

The gig economy has become so prevalent in today’s society that it is not likely many people will still wonder “what IS the gig economy?” However, if someone does still have that question, they are in luck. Merriam-Webster recently announced that it has officially added “gig economy” to its dictionary. The phrase is now formerly … Read moreLook It Up: ‘Gig Economy’ Is Added To The Dictionary

In Big Loss For Gig Companies, 9th Circuit Says Dynamex And ABC Test Should Be Applied Retroactively

There’s no way to sugarcoat this one. Today the 9th Circuit handed a big loss to gig economy companies by concluding that last year’s Dynamex decision from the California Supreme Court and its wide-reaching ABC test should be applied retroactively. That means that the ABC test – which makes it very difficult for gig economy … Read moreIn Big Loss For Gig Companies, 9th Circuit Says Dynamex And ABC Test Should
Be Applied Retroactively

Everything’s (Gig)ger in Texas: New State Law Classifies Gig Workers As Contractors

The confusion surrounding worker classification is not a new topic for any gig economy employer. Whether gig workers are classified as employees or independent contractors is a constant battle businesses face both in the legislature and the judiciary. But independent contractor classification may have just gotten a little simpler in Texas thanks to the Texas … Read moreEverything’s (Gig)ger in Texas: New State Law Classifies Gig Workers As
Contractors

Round One of Critical New Prime Battle Goes To Gig Businesses

Great news for gig economy businesses from an Illinois federal court: a judge recently ruled that Grubhub’s delivery drivers were not operating in “interstate commerce,” and therefore were not excluded from the company’s mandatory arbitration agreement. The March 28 ruling is one of the first decisions on this subject following January’s Supreme Court ruling casting … Read moreRound One of Critical New Prime Battle Goes To Gig Businesses

Shadow of Dynamex Creeps Over Uber’s Proposed $20M Million Settlement

Last week, we shared with you the news of Uber’s proposed $20 million settlement to resolve a long-running misclassification claim – the parties agreed to the deal, and they just needed the approval of a federal court judge (read the entire post here). Of course, nothing is finalized until it’s signed, and the parties to … Read moreShadow of Dynamex Creeps Over Uber’s Proposed $20M Million Settlement

Lyft’s IPO Warns About Misclassification Risks And Local Regulations

Lyft recently filed for an initial public offering with the hopes of raising as much as $2.1 billion. As part of its registration statement for its IPO, Lyft acknowledged the company could be negatively impacted by several potential business risks. The filing acknowledged not only increased and intense competition from competitors, but also the specter … Read moreLyft’s IPO Warns About Misclassification Risks And Local Regulations

Recent SCOTUS Case Swift-ly Comes Home To Roost For Transportation Company

The $100 million settlement announced Monday by a transportation company to resolve a long-running misclassification claim might be the direct result of a January Supreme Court decision, and might be a troubling harbinger of things to come for many gig economy businesses. Swift Transportation paid the massive sum to a group of drivers who claimed … Read moreRecent SCOTUS Case Swift-ly Comes Home To Roost For Transportation Company

When Does A $20 Million Settlement Feel Like A Bargain? Uber Shows You How

When the news broke today that Uber had agreed to pay a group of drivers $20 million to settle a long-running misclassification claim, you could be forgiven for thinking that the deal sounded like a massive blow to the gig economy giant. After all, $20 million is a substantial sum – no matter how large … Read moreWhen Does A $20 Million Settlement Feel Like A Bargain? Uber Shows You How

The See-Saw World of Uber’s Arbitration Agreement Again Tips In Uber’s Favor

Ever since Uber became part of our everyday world, the mandatory arbitration agreement it requires its independent contractor drivers to sign has been under constant scrutiny—and attack. A recent decision, however, fell in the gig economy company’s favor, presenting a good lesson for all gig economy companies. Please follow and like us:

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

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 trial in late 2017, leading to a victory for Grubhub in February 2018. Things took a turn for the worse in April 2018 … Read more4 Things You Need To Know About Grubhub Plaintiff’s Reply Brief

Contractor Agreements Not Worth The Paper They’re Printed On, Part 785

You can have the best independent contractor agreement in the world. You can hire the best gig economy lawyers in the country (ask us, we have some ideas) to draft the absolute crown jewel of a document for you, capturing the latest and greatest legal developments and considering every last aspect of your business. But … Read moreContractor Agreements Not Worth The Paper They’re Printed On, Part 785

Plaintiffs’ Attorneys Already Lining Up To Weaponize Latest SCOTUS Ruling Against Gig Economy Companies

After the Supreme Court ruled a few weeks ago that independent contractors working “in interstate commerce” were exempt from arbitration pacts due to a broad interpretation of the Federal Arbitration Act (New Prime v. Oliveira), I wrote a blog post about how labor law commentator Ross Runkel wondered whether gig business ride-share drivers and others … Read morePlaintiffs’ Attorneys Already Lining Up To Weaponize Latest SCOTUS Ruling
Against Gig Economy Companies

Latest Labor Board Decision A Step In The Right Direction, But Not A Magic Bullet

I recently wrote about the January 25 decision from the National Labor Relations Board that makes it easier for businesses to classify their workers as independent contractors (SuperShuttle DFW, Inc.). You can read the full article here. In a nutshell, now that the Board is comprised of Trump appointees and majority Republican, it reversed a … Read moreLatest Labor Board Decision A Step In The Right Direction, But Not A Magic
Bullet