Posts tagged Court of Appeals
9th Circuit panel will hear Uber/Postmates case on AB5
December 22, 2023 // The decision handed down by a three-judge panel in March was notable primarily for its reasoning that Uber and Postmates had been denied equal protection of the law in the process that led to the California approval of AB5, state legislation that required companies that hire independent contractors to reclassify them as employees. Equal protection of the law was the only claim by Uber and Postmates that the appellate panel backed; it supported the lower court rejection of other arguments. The panel cited the statements of then-Assemblywoman Lorena Gonzalez, now a state labor leader but the key driver in turning AB5 into law, as evidence that the move to more tightly define when a worker can legitimately be considered an independent contractor was an effort targeted at gig drivers like those at Uber.
Opinion Scherer: Government scrutiny of ‘gig workers’ Is misplaced
August 23, 2023 // The Labor Department published a Notice of Proposed Rulemaking on the subject last year, but a final rule isn’t expected until October. Legal experts rightly criticized the proposed rule as an “ABC test in sheep’s clothing.” By this, they mean the rule seeks to mimic a 2018 California Supreme Court test known as the ABC Test, which made it more difficult for companies to hire workers as independent contractors. While it is impossible to know what Labor’s final rule will look like, final rules don’t typically differ significantly from proposed rules, making the prospect of an impartial final rule unlikely. This is terrible news for millions of American independent contractors who overwhelmingly like and support their working arrangements. For instance, a 2020 Morning Consult survey of independent contractors found that 71 percent believed “the freedom of being an independent contractor outweighs the benefits of being an employee.” A more recent 2022 study by MBO Partners found that 76 percent of independent contractors were “very satisfied with independent workers.” In addition, 84 percent said they were “happier” working independently, with 80 percent reporting that independent contracting was better for their health. These views are consistent with Bureau of Labor Statistics data showing that “79 percent of independent contractors preferred their arrangement over a traditional job.”
Court Should Recognize That Unions Cannot Charge Nonmembers Grievance Fees
April 7, 2022 // Workers who do not belong to a union cannot be charged grievance fees, according to an amicus brief submitted today by the Mackinac Center for Public Policy to the Michigan Supreme Court. This is the second time in a year that the Michigan Supreme Court specifically requested an amicus brief from the Mackinac Center.
Opinion HOFFMAN: Freelancers Shouldn’t Be Regulated Out Of Existence
March 8, 2022 // Moreover, there’s a disconnect between regulators’ and lawmakers’ perceptions of worker misclassification and reality. The truth is freelancers don’t want to be liberated from independent contracting and saved by labor unions. In fact, most flexible workers reject these assertions as misinformation.
Labor agency bucks courts to attack independent workers
January 22, 2022 // The National Labor Relations Board (NLRB) recently took steps toward redefining who is an independent contractor and who is an employee. The move could limit self-employment options, making it harder for independent contractors to work for themselves. The change also would clear the way for unions to organize these workers, since entrepreneurs would get swept under the same legal status as employees. And that’s likely the real motivation.