Attorney Comments on Postmates Ruling

The New York Third Judicial Department has determined that Postmate’s workers are not employees, but contract workers. In the Law360 Article “Postmates Workers Not Employees, NY Appeals Court Says,” Rich Meneghello comments on other recent cases and how they tie in with the new classification standard that has been set by the California Supreme Court. This new standard requires that employees fit in to three classifications to be considered a contractor. The worker must be free from the company’s supervision, conduct tasks that are outside the usual place of business and perform independent tasks that are of the same nature as the company they are working for. Rich explains that no court has applied this new standard to a gig economy case, and “that’s definitely the next shoe to drop, and we’re all sort of waiting for that one.”

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