The First Circuit hears arguments in Uber Technologies Inc.’s and Lyft Inc.’s fight to keep classifying drivers and ICs; a Postmates Inc. driver sues over status; exotic dancers prevail in misclassification fight.
Uber/Lyft. In a hearing Tuesday, California appellate judges from the 1st District Court of Appeal questioned Uber and Lyft’s arguments over a lower-court ruling that would force the companies to make their drivers employees, The Washington Post reported. California Attorney General Xavier Becerra and the city attorneys of Los Angeles, San Diego and San Francisco had sued the companies to force them to classify their California drivers as employees.
In August, a San Francisco Superior Court judge issued a preliminary injunction prohibiting the companies from classifying California ride-sharing drivers as independent contractors.
Postmates. On Thursday in the Northern District of California, plaintiff Edmond Mesachi filed a complaint against delivery app Postmates Inc. for driver misclassification alleging that Postmates failed to pay minimum wage and provide other employment benefits, Law Street Media reports.
Dancers. After prevailing in forcing exotic dancers into arbitration of their independent contractor misclassification claims, a gentlemen’s club faces $200,000 in back pay and attorneys fees after its arbiter found in favor of the dancers, Connecticut Employment Law Blog reports.
The arbiter’s decision was based on the amount of control the club exerted on the dancers, the dancers’ minimal opportunity for profit or loss, that there was “limited genuine skill required to be an exotic dancer,” and that the dancers were integral to the business of the club.