Via Lexology, William Hays Weissman of Littler Mendelson PC provides an in-depth analysis of the recent California decision that adopted the ABC standard for classifying workers as independent contractors. The first prong is similar to the previous test on whether the hiring entity exercises control over the worker and the third prong is also simliar to the…
From Forbes, Eric Bachman discusses the lack of protections for gig workers in most employment laws but also offers one avenue for some protection for independent contractors under a statute passed after the Civil Wary. Eric writes: One potential source of protection for gig workers is a law originally passed over 150 years ago in the…
From the April and May 2018 Independent Contractor Misclassification and Compliance News Update, Richard Reibstein, reports that the Nation Labor Relations Board (NLRB) is considering whether misclassifying workers as independent contractors violates the National Labor Relations Act. Richard writes: The NLRB has received numerous Amici Curiae (Friends of the Court) briefs regarding under what circumstances,…
From JDSupra, Howard Bloom, Rachel Muñoz, and Philip Rosen report that a 3 member panel of the 9th Circuit Court of Appeals upheld a Seattle ordinance that a law allows independent contractor drivers to organize. They write: A landmark law giving drivers of app-based transportation companies, such as Uber and Lyft, the right to collectively bargain is not…
From The National Law Review, Michael W. Kelly and Gary M. Gansle discuss the recent California decision that introduced a new standard — the ABC test — for independent contractors. They review each of the prongs of the ABC test and the limited guidance provided by the Court. With respect to Part B, performing work outside they usual…
Staffing Industry Analysts (SIA) provides excellent comments about the Bureau of Labor Statistics’ (BLS) recent data that shows that 6.9% of the workforce were independent contractors. In 2014, Justin Fox reviewed the challenges of the various of measuring the independent workforce in Where Are All the Self-Employed Workers? including the challenge of multiple definitions for what it…
From NPR, Yuki Noguchi reports on recent U.S. Department of Labor statistics on independent workers. Yuki writes: For years, various reports have indicated that the contract workforce is growing rapidly in the U.S. On Thursday, the Labor Department poured a bucket of cold water on that notion. It released a report showing contract workers make up a slightly…
From Mondaq, Ingrid A. Beattie and Jennifer R. Budof offer guidance following the Supreme Court’s decision to uphold class action waivers in arbitration agreements. They write: For employers that already have agreements containing arbitration as the selected means of dispute resolution, the question is whether to now include a class or collective action waiver either by (1) explicitly…
From Lexology, Samantha Rosa, Nicolle L. Jacoby and Alan D. Berkowitz discuss recent changes in New York that may limit the use of arbitration agreements. Arbitration agreements can limit an employer’s risk in engaging with independent contractors if they contain a class action waiver. Samantha, Nicolle and Alan write: Under pre-existing provisions of the New York State Human…
From Lexology, Erin Norris Bass discusses the recent Supreme Court decision upholding the validity of class action waivers in arbitration agreements. By including a class action waiver in an arbitration agreement with an independent contractor, a company can minimize its risks of a class action lawsuit alleging the misclassification of workers. Erin writes: The Court…