Gig Workers And The Duty Of Loyalty 

From JDSupra, Bethany Pelliconi makes an excellent point that employees owe a duty of loyalty to their employer and this would prevent employees of Uber from driving for Lyft, etc. Converting independent contractors to employees may have unintended consequences. Bethany writes: In the wake of the judicial invention of a California version of the “ABC…

Northwestern Mutual Passes ‘ABC Test,’ Defeats Suit Claiming Agents Were Misclassified

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From the New Jersey Law Journal, P.J. D’Annunzio discusses a case in which the court said that an insurance agent was an independent contractor under the ABC test. P.J. writes: A federal judge has dismissed a putative class action against Northwestern Mutual filed by a longtime insurance agent who claimed the company improperly classified him and…

California Gig Economy Employers Should Approach the Department of Labor’s Recent Opinion Letter With Caution 

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From JDSupra, Raymond Nhan and Rod Sorensen recommend that employers should not rely too heavily on the United States Department of Labor’s Opinion Letter which said that workers engaged through an online platform were independent contractors. Raymond and Rod write: First, the Opinion Letter is not binding on any court.  Rather, the Opinion Letter only…