CRF Blog

The ‘Right to Be Forgotten’ and Other Cyberlaw Cases

by Bill Hayes

In The ‘Right to Be Forgotten’ and Other Cyberlaw Cases, Bloomberg Businessweek looks at four digital-age cases that courts are grappling with.

For now, with Congress paralyzed, changes are most likely to come through patchworks of court precedents. Here are four other questions courts have been grappling with that could reshape the digital world:

1. Do gig-economy companies have to hire workers as employees? Tan v. GrubHub         The only thing growing faster than gig-economy companies may be the number of potential labor class actions being filed against them. More than a dozen such cases involve startups, and most allege “employee misclassification” — that the companies treat workers as contractors when they should be employees entitled to a minimum wage and overtime.

In April, Uber settled a class-action case in California for $84 million. The settlement allows the company to keep paying drivers as contractors and didn’t resolve the underlying issue. “The Valley wants clarity,” says Shannon Liss-Riordan, the lawyer at Lichten & Liss-Riordan who represented the drivers. She’s also filed lawsuits that might make for stronger cases. One involves food delivery service GrubHub, which treats workers who sign up for delivery shifts as contractors. [more]