Proposition 22 (Prop. 22) & Gig Worker Classification
In November, Californians voted in favor of Proposition 22 (Prop. 22), a measure which classified gig workers as independent contractors. Prop. 22 was met with controversy from those who argued that it would negatively impact workers. What can we expect its impact to be? Worker classification is a hot topic in employment law, especially with […]
Independent Contractor vs Employee Classification: An Overview
Many workers in the United States are classified as independent contractors (IC) instead of as employees. While the IC classification is appropriate for many, many still are — often intentionally — misclassified as ICs in order to save money. This is because ICs are not entitled to the following benefits legally enjoyed by workers classified […]
Employee Misclassification: A Violation of the NLRA?
Currently, employers who misclassify employees as independent contractors may be liable for violations of the tax code, California Labor Code, and the Federal Labor Standards Act, among others. But there may be an unexpected new addition to the employment plaintiffs’ toolkit for litigating these claims: the National Labor Relations Act (“NLRA”). The National Labor Relations […]