NLRB Returns to Long-Standing Independent-Contractor Standard 

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On January 25, 2019, the National Labor Relations Board (NLRB) announced it was overruling a 2014 decision that modified the test for determining if a worker was an independent contractor and adopted a test that diminished the importance of an independent contractor’s entrepreneurial opportunities. The NLRB stated: Today, the National Labor Relations Board returned to…

Should Your Independent Contractors Have Cyber Insurance? 

MBO Partners provides excellent guidance on whether independent contractors should have cyber insurance. Setting insurance requirements for independent contractors can be a tricky line to walk. On the one hand, setting the requirements too low leaves you vulnerable to damages and lawsuits. On the other hand, setting them too high can cause premiums to skyrocket,…

Misclassification Remains on State, Federal Government Radar

From the Claims Journal, Joyce Rosenberg reminds companies who use independent contractors to make sure that they are properly classified. Joyce writes: Small business owners who want to use independent contractors need to be sure these workers really aren’t employees. Federal and state government agencies are on the lookout for businesses that use independent contractors,…

California Court Invalidates Arbitration Agreement With PAGA Waiver 

California

From JDSupra, Jennifer Santa Maria discusses a recent case in which a California Court of Appeal said an arbitration agreement was not enforceable because it contained a waiver of California’s Private Attorneys General Act (PAGA) claims and the clause could not be severed. Jennifer writes: On appeal, the California Court of Appeal agreed with the trial court, finding…

Could Recent Supreme Court Case Upend Gig Economy Arbitration Pacts? 

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From Lexology, Richard R. Meneghello raises questions as to whether the recent Supreme Court decision that said the Federal Arbitration Act (FAA) does not apply to transportation workers engaged in interstate commerce will apply to Uber and Lyft drivers. Richard writes: My colleagues Andy Scott and Felix Digilov reported on last week’s Supreme Court decision that rejected a trucking…