New York’s Gig Economy Legislative Proposals For 2020 Begin To Take Shape

In anticipation of New York’s 2020 legislative session, state lawmakers are beginning to develop a proposal to regulate the gig economy – and the news isn’t good for businesses. As we discussed in an entry back in September, New York seems intent on developing a law including California-like elements that might lead to a version … Read moreNew York’s Gig Economy Legislative Proposals For 2020 Begin To Take Shape

Workplace Safety In the Gig Economy: Is Anyone Actually Paying Attention?

The gig economy has created a seismic shift to the traditional workplace model. With new (and oftentimes inexperienced) workers performing dangerous tasks in a “faster is better” manner, workplace safety has the potential to fall through the cracks. While the Occupational Safety and Health Act does not currently provide protection to most individuals working in … Read moreWorkplace Safety In the Gig Economy: Is Anyone Actually Paying Attention?

Increased Cybersecurity Threats May Arise For Gig Economy Companies

The burgeoning gig economy helps companies attract talent and gain new levels of nimbleness in support of efforts to satisfy customers and gain an edge on the competition. The gig relationship is obviously attractive to many. It gives workers greater flexibility, with meaningful opportunities for those who are entrepreneurially inclined.  Please follow and like us:

Solo 401(k) Plans Should Lead Highly Skilled Workers To Join Gig Economy

We reported last year about the importance of a new retirement system for the gig economy. Typical gig workers are currently not entitled to enjoy a traditional employer-based retirement plan because the law only permits such plans to cover employees and not independent contractors. But the need for gig workers to have opportunities to save … Read moreSolo 401(k) Plans Should Lead Highly Skilled Workers To Join Gig Economy

Seattle Creates Minimum Wage For Gig Economy Drivers

Seattle just joined New York City as one of the few locations in the country to pass minimum wage legislation for ride-share drivers, the city’s latest attempt to regulate the gig economy. Under the “Fair Share” program pushed by Mayor Jenny Durkan and unanimously approved by the City Council on November 25, a new tax … Read moreSeattle Creates Minimum Wage For Gig Economy Drivers

New Jersey May Not Go Down Same Road As California With Gig Worker Proposal

Things were starting to get dicey in the Garden State as the legislature debated a California-like proposal that would have caused serious problems for gig economy companies and other businesses utilizing contract labor. But a measure of good news emerged last Friday as Senate leadership announced there would be changes to the draft legislation to … Read moreNew Jersey May Not Go Down Same Road As California With Gig Worker Proposal

Congressional “Future Of Work” Initiative May Have Bipartisan Future

We’ve written about the “Future of Work” efforts recently undertaken by Congress – a series of hearings aimed at discussing various issues that we can expect to impact workplaces in the near future. And according to a recent report by Bloomberg Law’s Jacyln Diaz, it appears that both political parties could be aiming to bridge … Read moreCongressional “Future Of Work” Initiative May Have Bipartisan Future

NYC Gig Workers Earn Workplace Protections

Gig workers in New York City recently gained a suite of workplace protections normally reserved for employees. The City Council amended its antidiscrimination laws in September to cover independent contractors, meaning that gig workers will soon have the right to pursue legal remedies against hiring entities that typically don’t have to be concerned about claims … Read moreNYC Gig Workers Earn Workplace Protections

Truckers Seek To Toss California’s New Gig Economy Law

We’re now just a few weeks away from the nation’s most stringent independent contractor misclassification law taking effect in California. But if a group of truck drivers have their way, the law will stall out before it ever gets on the road. The California Trucking Association filed an amended lawsuit in federal court on November … Read moreTruckers Seek To Toss California’s New Gig Economy Law

As Congress Ponders the “Future of Work,” it Faces Divergent Interests Within the Gig Economy

As we reported just a few weeks ago, Congress has begun to gather information and consider the “future of work,” with considerable emphasis on the role of the gig economy. Although this emergency economy is growing rapidly, tension is also growing within its ranks. In particular, gig workers are attracted to earning money while maintaining … Read moreAs Congress Ponders the “Future of Work,” it Faces Divergent Interests
Within the Gig Economy

The Gig Economy Is Coming Up Female

Women often face a very different path than men when it comes to today’s workplaces. Often in our society, the working life of women changes dramatically after significant life events such as the birth of a child, a family member becoming ill, or the death of a parent. Fortunately, the gig economy has created a new world … Read moreThe Gig Economy Is Coming Up Female

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

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 independent contractor and didn’t want to see changes to the law that would make it harder … Read moreCalifornia Voters May Get Chance To Overturn ABC Test For Gig Drivers

Congress Debates What “Future Of Work” Could Mean For Gig Economy

Lawmakers have begun to hold a series of hearings to discuss the “future of work,” and it may be no surprise that the two political parties have differing ideas about how that should impact the gig economy. The House Education and Labor Committee held the first of three such meetings on October 23, aiming to … Read moreCongress Debates What “Future Of Work” Could Mean For Gig Economy

Could 2020 Be The Year Of The California Copycats? Other States Line Up To Consider Misclassification Statutes

Gig economy businesses across the country looked to what happened in California this year and cringed. Other states looked there and were intrigued. After California passed the most aggressive independent contract statute in the nation in 2019 and made it extremely difficult for gig economy businesses to classify their workers as independent contractors, a string … Read moreCould 2020 Be The Year Of The California Copycats? Other States Line Up To
Consider Misclassification Statutes

Court Uses 8-Factor Test To Hand Gig Businesses Victory In Next Round In New Prime Arbitration Battle

A Massachusetts federal court just ruled that gig workers cannot escape arbitration provisions by claiming they are exempt transportation workers. The September 30 decision in Austin v. DoorDash marks the second win for gig businesses following a troubling Supreme Court ruling in January 2019 that opened the door to a possible arbitration exemption. However, there … Read moreCourt Uses 8-Factor Test To Hand Gig Businesses Victory In Next Round In
New Prime Arbitration Battle

Highly Skilled Freelancers and Traditional Employers Benefit from Niche Gig Platforms

As the evolution of the gig economy continues, highly skilled workers who operate on a project-by-project basis are leveraging the gig economy to find new clients and to align their workload according to their personal preferences. Likewise, companies are increasingly able to work with highly skilled freelancers to scale up their workforce in an efficient … Read moreHighly Skilled Freelancers and Traditional Employers Benefit from Niche Gig
Platforms

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