New York

Could 2020 Be The Year Of The California Copycats? Other States Line Up To Consider Misclassification Statutes

From Mondaq, Richard R. Meneghello discusses the possibility that California’s ABC test will be adopted by other states. Richard writes: Now, several other states have decided that they may want to consider adopting their own versions of the ABC test in the next legislative session. While we are still months away from the 2020 legislative…

NYC extends Human Rights Law to freelancers, group gains protections against discrimination, harassment

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…

Will New York Be The Next Gig Economy Battlefield?

New York State

From JDSupra, Melissa Osipoff Camire suggests that New York may follow California’s lead and adopt a test similar to the ABC test that California just codified. Melissa writes: There are several signs that a similar ABC test could be coming to the Empire State. Among them: In just a few short weeks, the New York…

Federal Arbitration Act Preempts New York’s Bar On Agreements To Arbitrate Sexual Harassment Claims, Court Rules 

New York State

From JDSupra, Brendan Sweeney reports that New York’s statute that prohibits arbitration agreements for sexual harassment claims is preempted by the Federal Arbitration Act (FAA). This is good news for companies that engage with independent contractors and enter into arbitration agreements because it affirms the enforceability of arbitration agreements despite individual state laws that might…

New York State Significantly Expands its Workplace Harassment Laws (Again) 

New York State

From JDSupra, Emily Haigh and Devjani Mishra report on changes to New York’s harassment laws which strengthened the law and made it more broadly applicable to independent contractors. Emily and Deviani write: New York Employers May be Held Liable for Discrimination of any Kind Against a Contractor. New York State expanded its sexual harassment protections last year to…

New York City Sets Minimum Wage for Independent Contractors of Ride-Hailing Companies 

new york city traffic

From Lexology, Jeffrey H. Ruzal and Carly Baratt report that New York City has set minimum rates for ride sharing companies such as Uber and Lyft. They write: On December 4, 2018, New York City’s Taxi and Limousine Commission (“TLC”) voted to require ride-hailing companies operating in New York City to compensate its drivers who are treated…

New York’s Ban on Arbitration of Sexual Harassment Claims: Can it Survive Federal Preemption? 

woman with blue shirt #metoo

  From Lexology, Seyfarth Shaw LLP discusses the recent New York statute that prohibits an arbitration agreement that requires claims of sexual harassment to be arbitrated and whether the statute will survive federal preemption under the Federal Arbitration Act (FAA). They write: In light of these precedents, the new CPLR provision concerning harassment claims appears to have…

New York officials recognize three Uber drivers as employees

New York State

  From engadget, Mariella Moon reports that Uber will be required to pay unemployment taxes for its driver in New York because they will be considered employees. Mariella writes: New York authorities have reached a decision that could change the way Uber drivers are classified — at least when it comes to unemployment insurance. The New York State Unemployment…

New York State Court Declines To Compel Arbitration, Cites Purported Ambiguities In Mobile Contracting Process 

New York State

  From Mondaq,  Jeffrey D. Neuburger discusses a recent case in which a New York court refused to enforce an arbitration agreement in an online contract. Jeffrey writes: Courts are increasingly taking a magnifying glass to electronic contracting processes, particularly how the presentation of the terms of service and call to action are displayed.  As such, companies…

New York court says Postmates courier is IC, not employee

Postmates about page

  Staffing Industry Analysts (SIA) reports that a New York appellate court found a Postmates courier to be an independent contractor. It says: The court’s 3-2 ruling reverses an earlier finding from the Unemployment Insurance Appeal Board that Postmates couriers were employees and the company was liable for paying unemployment insurance as well as other…