From JDSupra, Richard Reibstein reports on a lawsuit by models alleging they were misclassified as independent contractors. A recent decision vacated summary judgment in favor of the company and allows the case to proceed to trial. Richard writes: APPEALS COURT VACATES DECISION DISMISSING IC MISCLASSIFICATION LAWSUIT BY FIT MODELS, ALLOWING THEIR CLASS ACTION TO PROCEED…
From JDSupra, Ellen Boshkoff, Kerry Bundy , and Andrew Murphy discuss a recent case in which the court said McDonald’s was not a joint employer in California. Ellen, Kerry and Andrew write: In a significant opinion, the U.S. Court of Appeals for the 9th Circuit ruled that McDonald’s Corporation was not liable as a joint…
From Crain’s Chicago Business, Greg Hinz reports that an influential Illinois representative is considering legislation to help gig workers. Greg writes: A key Illinois lawmaker says he’s preparing to follow the lead of California, which recently adopted legislation to require that workers for Uber and others in the “gig economy” be legally treated as employees rather than independent contractors.…
Staffing Industry Analysts (SIA), the Global Advisor on Staffing and Workforce Solutions, reports on a million misclassification penalty: Trucking company Eagle Intermodal Inc. agreed to pay $1.25 million to New Jersey in unemployment and disability contributions after misclassifying its workers as independent contractors for more than a decade, the New Jersey Department of Labor and…
From JDSupra, Robert Cocchia, Cynthia Jackson, Sandra McCandless, Nick Pujji, and Peter Stockburger offer three terrific takeaways from the enactment of California’s AB5. They write: Takeaway No. 1 – Audit Your Independent Contractor Agreements Now Now that AB 5 has been signed into law, and the retroactivity of the law is codified, it’s critical to…
From Mondaq, Richard R. Meneghello reports that Governor Newsom of California intends to allow gig workers to form unions. Richard writes: Specifically, Newsom states that he intends to convene legislative leaders along with organized labor and the business community to “grant workers excluded from the National Labor Relations Act the right to organize and collectively bargain.”…
From JDSupra, Alan S. Kaplinsky reports that Congress passed a bill that would prohibit arbitration agreements in employment agreements. Alan notes that, if passed, it is likely to be vetoed and there are not the votes to override a veto. Alan writes: This past Friday, by a vote of 225-186, the House passed H.R. 1423, the “Forced…
From Littler Mendelson P.C., Patrick Stokes, Jim Paretti, Michael Lotito and Bruce Sarchet discuss the apparent interpretation of California’s AB5 and whether it applies to joint employment situations (for example, a franchisor/franchisee relationship) if the worker is an employee of the franchisee. Patrick Jim and Michael write: Several developments during the past three weeks appear…
From JDSupra, Kelly Scott reports that California’s AB5 was signed by the governor and provides a terrific summary of the bill. Kelly writes: On September 18, 2019, Governor Newsom signed Assembly Bill 5, thereby establishing a law that purports to prevent the misclassification of employees as independent contractors and provide “basic rights and protections they…
Staffing Industry Analysts (SIA), the Global Advisor on Staffing and Workforce Solutions, reports that New York City is extending protections against discrimination and harassment to freelancers and independent contractors: New York City’s Human Rights Law is being expanded to include freelancers and independent contractors following the New York City Council’s vote on Sept. 12 to…