What Do You Mean Someone I’ve Never Met Is My Employee? 

delivery driver or courier

  From Lexology, Thomas H. Wilson discusses the risks that a firm may be found to be a joint employer if it exercises control over a vendor’s workers and those workers were found to be employees and not independent contractors. Thomas writes: While the current National Labor Relations Board appears to be heading in the right direction…

Non-Solicitation-of-Employee Agreements Are Not Non-Competes—Except When They Are 

Dog taking a loyalty oath

  From Lexology, Venable LLP discusses a Wisconsin case in which a statute that prohibited overly-broad non-compete agreements as interpreted to limit a non-solicitation agreement. While this discussion focuses on employment agreements, firms that engage with independent contractors should be cognizant of these cases and limit any non-compete or non-solicitation clauses in their independent contractor agreements.  Venable…

California Federal Court Finds That “Gig Economy” Workers Are Independent Contractors, Not Employees

California

  From the National Law Review, Daniel B. Pasternak discusses the recent decision in the Grubhub cases in which the driver was found to be an independent contractor and the potential for a new standard for classifying workers in a case currently before the California Supreme Court.  Daniel writes: In this case, the judge ruled for Grubhub…

What Does GrubHub’s Big Win Mean for Other On-Demand, Sharing Economy Businesses? 

grubhub website

  From the Independent Contractor Misclassification and Compliance Legal Blog, Richard Reibstein offers a superb, thorough analysis of the decision that a Grubhub worker was an independent contractor.  Richard reviews the court’s decisions and provides his analysis and takeaways. Richard writes: The Court’s “Upshot” and “Conclusion” Judge Corley then penned a section of the opinion she called “The…

California Supreme Court Weighing Crucial Gig Economy Misclassification Standard

California

  From JDSupra, Fisher Phillips discusses the oral arguments in a case before the California Supreme Court that focused on the criteria for determining whether a worker was an employee or independent contractor.  They write: The case is Dynamex Operations West, Inc. v. Superior Court of Los Angeles County, and it’s a fairly standard misclassification case.…