From The Guardian, Kari Paul reports that the California assembly passed a bill that would formalize the California Supreme Court’s adoption of the ABC test for classifying workers as employees or independent contractors. Kari writes: The state assembly in California passed legislation on Wednesday that would require employers to recognize hundreds of thousands of gig workers as…
From the Chicago Tribune, Craig Lyons reports on Indiana’s efforts to collect lost unemployment taxes when workers are misclassified as independent contractors. Craig writes: A legislative study committee will look at worker misclassification and how to deal with potential lost revenue to the state. A study done by the Building Trades and Construction Council estimates…
From JDSupra, Richard Meneghello discusses Congressional feedback on the Department of Labor’s Opinion Letter. Source: Labor Department Faces Blowback After Gig Economy Opinion Letter | Fisher Phillips – JDSupra Related posts: US Department of Labor signs agreement with Nebraska Department of Labor to protect workers from misclassification The United States Department of Labor announced…
From The Law Office of William W. Hurst, Chase Wilson discusses a case in which the limits of the injured party’s recovery depended on whether the worker was an independent contractor or employee. Chase writes: Work and death are two topics of conversation that most people try to avoid, but a recent ruling by the…
From Lexology, Debra Urteaga and Roland M. Juarez discuss a recent case in which the court said that by continuing to work, an employee consented to an arbitration agreement Debra and Roland write: On April 10, 2019, the California Court of Appeals, Second District, in Diaz v. Sohnen Enterprises, 2019 S.O.S. 1722, ruled that an employee impliedly consents…
From JDSupra, Robin E. Shea discusses several memos released by General Counsel of the National Labor Relations Board (NLRB) including the memo saying that Uber drivers were independent contractors. Robin writes: The Uber-memo. This one is probably the most significant of the bunch, and it is relatively recent (dated April 16 of this year). The General Counsel concluded…
From Kalijarvi, Chuzi, Newman & Fitch, P.C., Michael Robinson reports on a new Maryland statute that extends protections against harassment to independent contractors. Independent contractors are not protected by Title VII of the Civil rights Act of 1964 and their only recourse is state law. Michael reports that Maryland not protects independent contractors against harassment.…
From Quartz, Alison Griswold discusses the National Labor Relations Board (NLRB) memo that said that Uber drivers are independent contractors but notes that local ordinances are more likely to affect the classification of Uber drivers as employees or independent contractors. Alison writes: The NLRB ruling is a blow to people who believe Uber drivers are…
From JDSupra, Richard Meneghello discusses the National Labor Relations Board’s General Counsel advice memo that said Uber drivers were independent contractors. Richard writes: Today, however, gig companies are feeling the good kind of whiplash after the National Labor Relations Board’s General Counsel released an advice memo concluding that a group of Uber drivers are properly classified as…
From HR Dive, Lisa Burden reports that a surgeon who was an independent contractor at a hospital was not entitled to protection from discrimination under Title VII of the Civil rights Act of 1964. Lisa writes: Because Title VII of the Civil Rights Act of 1964 only applies to employees, an Illinois hospital was successful…