Gig Economy

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By: Ryan McCoy

Seyfarth Synopsis: The Federal Arbitration Act (“FAA”) exempts workers engaged in interstate commerce from enforcement of mandatory arbitration agreements. Uber drivers (and other drivers working in the gig economy) have frequently argued that they fit under this “interstate transportation” exemption in order to avoid arbitration of their claim that they have been misclassified as independent contractors. A …
Continue Reading Ninth Circuit Rules Uber Drivers Must Arbitrate Classification Claims Because They Are Not Interstate Transportation Workers

By: Noah Finkel

Seyfarth Synopsis:  After delaying the effective date of a finalized Trump-era interpretive regulation that would have brought much needed clarity to the definition of employee under the Fair Labor Standards Act, the DOL yesterday formally repealed that guidance. The result is that companies, workers, and courts will continue to struggle in classifying which workers are employees …
Continue Reading Independent Contractor Classification Clarity, We Hardly Knew Ye

By: Pamela L. Vartabedian and Eric M. Lloyd

Many independent contractors unable to work because of the COVID-19 pandemic could soon receive unprecedented relief from the U.S. Government as a result of the roughly $2 trillion coronavirus aid package that President Trump just signed into law.  The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) is a sweeping…
Continue Reading The CARES Act: What It Means for Gig Businesses and Workers

By Pamela Vartabedian and Noah Finkel

Seyfarth Synopsis: Employers are starting to consider “on demand” pay for employees. Before considering whether to implement an “on demand” pay program, employers should consider laws on wage deduction, wage assignment, and wage statements, as well as the administrative support needed for such a program.

Instant gratification is a fact of daily life, and…
Continue Reading On Demand: It’s Not Just About Movies—It’s About Pay!