Gig Battles Roll On in Midst of Covid-19 and Uncle Sam to the Rescue — Workers’ Compensation Law Prof Blog

According to the New York Times, platform companies continue to battle AB-5 in California, “investing tens of millions of dollars in a November ballot initiative that would effectively exempt them from it . . . “[and as] the companies’ legal…

Gig Battles Roll On in Midst of Covid-19 and Uncle Sam to the Rescue — Workers’ Compensation Law Prof Blog

Reporting to Work During Pandemic as Special Mission — Workers’ Compensation Law Prof Blog

I have great concern that the end of the pandemic will be rife with confusing politics. No sitting president wants a paralyzed economy leading into the election for a second term. Furthermore, that president’s adversaries may be seen as having…

Reporting to Work During Pandemic as Special Mission — Workers’ Compensation Law Prof Blog

Damon Silvers on Coronavirus and the Gig Economy — Workers’ Compensation Law Prof Blog

Damon Silvers, my classmate at the Harvard Law School a long time ago (we were 1Ls in 1992), and now Special Counsel to the AFL-CIO and professor, has a thought provoking piece up on the UCL Institute for Innovation and…

via Damon Silvers on Coronavirus and the Gig Economy — Workers’ Compensation Law Prof Blog

It Wouldn’t Have Taken Much To Disrupt a Gig Economy—But Much is What We Have — Workers’ Compensation Law Prof Blog

From the New York Times: The coronavirus pandemic is exposing the fragile situations of gig economy workers — the Uber and Lyft drivers, food-delivery couriers and TaskRabbit furniture builders who are behind the convenience-as-a-service apps that are now part of…

via It Wouldn’t Have Taken Much To Disrupt a Gig Economy—But Much is What We Have — Workers’ Compensation Law Prof Blog

COVID-19 and Labor and Employment Law Production in Times of Historical Emergency — Workers’ Compensation Law Prof Blog

One of the difficulties I have teaching “younger” students about workers’ compensation (and other bodies of labor and employment law) is that the rationales for the law have often arisen from extraordinary historical times not remotely similar to any they…

via COVID-19 and Labor and Employment Law Production in Times of Historical Emergency — Workers’ Compensation Law Prof Blog

Workers’ Compensation Protected by Potential for Arbitration Swarm? — Workers’ Compensation Law Prof Blog

Last month, DoorDash made news when thousands of the company’s worker-“Dashers” decided to pursue misclassification claims in arbitration, one-by-one, a concept known as “swarming.” (Companies appear to be popping up to assist plaintiffs’ counsel in setting up swarming practices). This…

via Workers’ Compensation Protected by Potential for Arbitration Swarm? — Workers’ Compensation Law Prof Blog

Disasters and Fissures: Coronavirus, Google, the Unworthy Sick, and Workers’ Compensation Causation — Workers’ Compensation Law Prof Blog

Thought provoking piece in today’s The Guardian highlighting yet another dimension of the fissured workplace. If you are a “contract” worker, you might have to show up for work at the Google office during the Coronavirus. Say what?: The day…

via Disasters and Fissures: Coronavirus, Google, the Unworthy Sick, and Workers’ Compensation Causation — Workers’ Compensation Law Prof Blog

No Grand Bargain: A Counter Perspective on “Portable Benefits” — Workers’ Compensation Law Prof Blog

I was quoted the other day in Bloomberg News on the subject of “portable benefits”—benefits paid to “gig workers” in lieu of “real benefits” because, well, it’s better than nothing. It may not surprise you to learn that, contrary to…

via No Grand Bargain: A Counter Perspective on “Portable Benefits” — Workers’ Compensation Law Prof Blog

Is Wyoming’s Proposed Workers’ Compensation PTSD Bill a “Special Law”? — Workers’ Compensation Law Prof Blog

A bill has been proposed in the Wyoming Senate that would provide first responders with workplace mental injury coverage. I support the bill, but it does seem at least problematic on “special laws” grounds. As Professor Justin Long at Wayne…

via Is Wyoming’s Proposed Workers’ Compensation PTSD Bill a “Special Law”? — Workers’ Compensation Law Prof Blog

More on California ABC and the FAAAA/Trucker Preemption Issue — Workers’ Compensation Law Prof Blog

The general challenge to California’s AB 5 is now on its way to trial absent a successful pre-trial motion by California state authorities. But readers may recall that a California federal district court recently upheld a challenge of the law…

via More on California ABC and the FAAAA/Trucker Preemption Issue — Workers’ Compensation Law Prof Blog