In a lengthy April 29, 2019 Opinion Letter, the U.S. Department of Labor (“DOL”) examined the relationship between a virtual marketplace company (“VMC”) and its service providers. Applying a six-factor test derived from U.S. Supreme Court precedent, the DOL opined that the service providers were independent contractors under the Fair Labor Standards Act (“FLSA”)—not
independent contractor
A review of OFCCP’s 2018 directives: Potential signs of greater transparency and cooperation with federal contractors?
By Patricia Ambrose, Michael D. McGill, George W. Ingham, Ogechi A. Muotoh & Adilene Rosales on
The Office of Federal Contract Compliance Programs (OFCCP) – the Department of Labor office responsible for overseeing federal contractors’ and subcontractors’ equal employment opportunity and affirmative action obligations – was very active in 2018. Led by new Director Craig Leen, who served as acting director of the agency until December 2018, OFCCP issued 12 new…
Did the California Supreme Court Just Outlaw the Gig Economy?
By Michelle Roberts Gonzales & Tao Leung on
Posted in Gig Economy, Independent Contractor
California is the birthplace of many of the best-known apps credited – or blamed, depending on your point of view – with fueling the gig economy. But the California Supreme Court issued a ruling on April 30, 2018 that will make it extremely difficult for gig entities and others to treat workers as independent contractors.…