COVID and Contractors – New Leave Laws Impact Worker Classification

In the wake of the COVID-19 pandemic, many states and cities have adopted new paid sick leave laws. In a curious intersection between paid leave laws and independent contractor status laws, some of these laws establish a new and completely different approach to defining whether a food delivery driver should be classified as an “independent contractor” or as an “employee.” Rather than focusing on the duties of the worker and the business of the employer (as is done in the “ABC” test), these laws focus solely on whether the worker is engaged in a particular industry – food delivery.

In this podcast, Littler Workplace Policy Institute attorneys Bruce Sarchet and Sebastian Chilco discuss these new laws, this new approach, and consider whether this change in direction will have long-term impacts.

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Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.