Washington

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…

Washington State Adopts Legislation Restricting Noncompetition Agreements 

Washington map

From JDSupra, Suzanne Thomas discusses a new statute in Washington that limits non-compete agreements for employees and some independent contractors. Suzanne writes: Under the new law, a noncompetition covenant is void and unenforceable against an employee or, as applicable, an independent contractor: Unless (1) the employer discloses the terms of the covenant in writing to…

Seattle Ordinance Giving Drivers Right To Collectively Bargain Not Preempted By NLRA

Seattle Washington

  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…

Ninth Circuit Revives US Chamber’s Challenge to Seattle Ride-Hailing Union Law 

Seattle Washington

  From the Recorder, Erin Mulvaney reports that the 9th Circuit Court of Appeals said that the Seattle ordinance that allowed independent contractors to organize and unionize violated federal antitrust provisions.  Erin writes: A federal appeals court on Friday revived a challenge to a Seattle law that would allow ride-hailing drivers to unionize, sending the first-of-its-kind local ordinance…

GIg Economy Workers Deserve Benefits

Washington map

  From Fortune,  Monica Stonier, a Washington state representative, makes a case for offering benefits to independent workers.  Monica writes: From Amazon(AMZN, -0.42%) and Microsoft(MSFT, +1.13%) to Expedia(EXPE, -0.39%) and Intel(INTC, +0.85%) , my home state of Washington is headquarters to many of the world’s leading technology firms. The tech industry is the one of the largest employers in the state—an engine that is…

Unions Win Next Round In Seattle Gig Worker Organizing Battle 

Seattle Washington

  From JDSupra, Richard Meneghello reports that the 9th Circuit has delayed the implementation of the Seattle ordinance that allows drivers to unionize. Richard writes: Chalk this round up to the unions. In a pair of decisions issued last week, a Seattle federal judge ruled that Seattle’s January 2016 Ordinance that seeks to allow for-hire drivers to form…

Judge tosses U.S. Chamber lawsuit over Seattle’s Uber union law, but dispute isn’t over yet 

Seattle Skyline

  From  Geekwire,  Nat Levy reports that a Washington judge dismissed the U.S. Chamber of Commerce lawsuit challenging Seattle’s law that allows Uber and Lyft drivers to unionize.  Nat writes: Seattle’s first-of-its-kind unionization law for drivers of services like Uber and Lyft got a big win in court Tuesday when a federal judge dismissed a lawsuit brought…

Gig Economy Portable Benefits Bill Introduced In Washington State

Washington map

  From JDSupra, Richard Meneghello discusses a proposal in Washington that would create a system of portable benefits.  Richard writes: We’ve written before about a proposal in New York that would permit gig companies to pay into a benefit fund for workers allowing them freedom to develop portable benefits; now, Washington state is considering a similar concept.…

Transgender Video Game Industry Employee Converted to Independent Contractor Status Raises Misclassification and Discrimination Claims

Boy playing a video game

  From JDSupra, Richard J. Reibstein discusses a case in Washington in which an employee moved to another state and allegedly was required to be an independent contractor even though she was still performing the same duties she had been as an employee.  While the headline sparks interest by identifying the employee as transgender, this…