Labor Issues in the Gig Economy: Federal Court Concludes That GrubHub Delivery Drivers are Independent Contractors under California Law Continue Reading…
Recently, a number of proposed class and collective action lawsuits have been filed on behalf of so-called “gig economy” workers, alleging that such workers have been misclassified as independent contractors. How these workers are classified is critical not only for workers seeking wage, injury and discrimination protections only available to employees, but also to employers desiring to avoid legal risks and costs conferred by employee status. While a number of cases have been tried regarding other types of independent contractor arrangements (e.g., taxi drivers, insurance agents, etc.), few, if any, of these types of cases have made it through a trial on the merits – until now.
Consider the following scenario: your organization holds an annual meeting with all Research & Development employees for the purpose of having an open discussion between thought leaders and R&D regarding product-development capabilities. This year’s meeting is scheduled outside the United States and next year’s will be within the U.S. with all non-U.S. R&D employees traveling into the U.S. to attend. For each meeting, your employees may be subject to a search of their electronic devices, including any laptop that may contain your company’s trade secrets. Pursuant to a new directive issued in January 2018 by the U.S. Custom and Border Protection (“CBP”), the electronic devices of all individuals, including U.S. citizens and U.S. residents, may be subject to search upon entry into (or leaving) the U.S. by the CBP. CBP Directive No. 3340-049A (Jan. 4, 2018).
Inaugural ASEAN Cooling Summit
The first ASEAN Cooling Summit was held in Bangkok this month and leaders from business, government, and academia met to discuss sustainable cooling solutions for Southeast Asia. Experts say that demand for air-conditioning in emerging economies, including ASEAN, could cause a 64% increase in household energy use and produce 23 million tons of carbon emissions by 2040. Current air conditioning technology also relies on climate damaging refrigerants. The summit explored sustainable development for cooling and identified solutions to increase the adoption of energy-efficient technology, remove financial barriers, and raise awareness of the critical need for climate-friendly cooling systems.
Shutts & Bowen LLP named five new partners during its annual meeting.
“We are proud of the exceptional attorneys who we promoted to partners this year,” said Managing Partner Micky Grindstaff. “This diverse group of individuals has made extraordinary contributions to the firm. We welcome their fresh perspectives and varied backgrounds and look forward to their continued success.”
Of the various types of post-employment restrictions imposed on employees, a restriction on the recruitment of former co-workers (sometimes referred to as a “no-poach” or “anti-raiding” clause) is the type most likely to be enforced by a court. As a result, this is one type of post-employment restriction that is frequently drafted without the careful thought generally put in to traditional non-competes and client non-solicitation clauses. But in what could be a foreshadowing of closer judicial scrutiny of co-worker non-solicitation clauses nationwide, the Wisconsin Supreme Court recently held that the Wisconsin non-compete statute applies to such clauses, and that the particular clause in question was unenforceable because it was not “reasonably necessary for the protection of the employer.”
The Minister of Commerce and Industries, Augusto Arosemena Moreno, announced that the establishment of headquarters of multinational companies (SEM – as per its Spanish acronym) continued with extremely good results, closing 2017 with 20 new multinational companies with regional headquarters in Panama, for a total of 146 companies adding an investment of US$1,000 million dollars and 6,000 jobs.
Arosemena highlighted that the United States continues to be the country with the largest number of companies with regional headquarters in Panama, among which he mentioned large companies such as Boeing, McKinsey & Company Inc. and VISA – that were registered this past year. High profile companies were also registered, such as Panalpina World Transport, Hankook Tire Co., and Shanghai Gorgeous Investment Development Co., among others.
When I did a search back on Zen to see what else we’ve discussed about networking, the results revealed that it’s…a lot. We’ve covered everything from networking for introverts, to conference networking, to social networking, to networking for people who hate networking, and more.
Featured on Employment Law This Week: Trump Continues Obama Antitrust Guidance for HR Professionals
No relief from the Trump administration on anti-poaching agreements. 2016 guidance from the DOJ and FTC put employers on notice that agreements between companies not to poach employees, or to limit the compensation paid to some employees, could violate antitrust laws. There had been some speculation that President Trump’s DOJ would back away from this policy, but recent comments by the Assistant Attorney General for the Antitrust Division indicated that new administration will support the policy, and promised several announcements in the coming months. Aime Dempsey, from Epstein Becker Green, has more.