Sally Culley: How are gig workers classified under the law? (Ep. 129)




How are gig workers classified under the law?


Sally Culley is a Partner in the law firm of Rumberger, Kirk & Caldwell where she primarily practices in the areas of employment and commercial litigation. Her clients include large corporations as well as smaller, local businesses.

With regard to employment law, Sally represents employers, both in the public and private sector, in defending employment-related claims, including claims of discrimination, wage and hour violations, whistle-blower violations, wrongful termination, harassment, and retaliation. She also provides consulting and training services designed to help prevent such claims and minimize risk. Finally, Sally assists with the creation and enforcement of employee handbooks, severance agreements, and non-compete agreements.

With regard to commercial litigation, Sally handles matters involving contract disputes, fraud, and statutory claims such as Florida’s Unfair and Deceptive Trade Practices Act, the Fair Debt Collection Practices Act/Florida Consumer Collection Practices Act, and RICO (Racketeer Influenced and Corrupt Organizations Act). Sally also represents clients in commercial mortgage foreclosures and workouts, construction lien compliance and litigation, quiet title actions, bankruptcy, and collection matters.

Sally also has significant experience reviewing and interpreting insurance policies, and she assists insurers with matters involving coverage and bad faith claims, evaluating such matters, and participating in litigation where necessary. She earned her J.D. from the UNC Chapel Hill School of Law and her Bachelors from Samford University from which she graduated magna cum laude.


Rumberger, Kirk & Caldwell

First Gig Economy Trial Decision: Independent Contractor by Sally Rogers Culley and Suzanne A. Singer (2018)

News Roundup

In political maneuver, House Republicans expose Senator Mark Warner’s confidential texts

The Senate Intelligence Committee concluded that the House Intelligence Committee, under the leadership of Devin Nunes, leaked confidential texts in which Senator Mark Warner sought from a lawyer associated with British spy Christopher Steele, a meeting with Mr. Steele, as Mr. Warner sought to investigate Russia’s interference with the 2016 presidential election. The law firm for which the lawyer, Adam Waldman, works has also represented Oleg Deripaska—a Russian oil magnate. So after the text was leaked, President Trump tweeted “Wow! – Senator Mark Warner got caught having extensive contact with a lobbyist for a Russian oligarch …” Both Mark Warner and Republican Senate Intelligence Committee Chair Richard Burr, who ostensibly wasn’t in on the leak, sought a meeting with House Speaker Paul Ryan to express their overall concern about the politicization of the House Intelligence Committee. Nicholas Fandos reports in the Washington Post.

Online sex trafficking bill clears House

The House overwhelmingly passed the Fight Online Sex Trafficking Act (FOSTA) on Tuesday by a vote of 388-25. The bill would amend the Communications Decency Act to hold web platforms that knowingly help facilitate sex trafficking accountable. Currently, an exception to the CDA—Section 230—provides that web platforms are shielded from third-party liability for illegal content posted by their users. Opponents say the bill would erode free speech on the Internet and would ultimately not do enough to stop sex trafficking online. There’s a Senate companion bill—the Stop Enabling Sex Trafficking Act (SESTA)—that the House will vote on next, which is also expected to pass. Harper Neidig reports in The Hill.

Facebook polls users on how it should handle child porn

Facebook conducted a strange survey in which it asked users how they should handle a “private message in which an adult man asks a 14 year old girl for sexual pictures.” The question turned on the extent to which Facebook should display the photo. Facebook says the question was a “mistake”.

Supreme Court hears oral arguments in Microsoft overseas data case

The U.S. Supreme Court heard oral arguments on Tuesday regarding a dispute between Microsoft and the Department of Justice. The DOJ wants to be able to obtain data on Microsoft users suspected of drug trafficking. The problem is that the suspects’ data are stored on a server in Ireland. Normally, the 1986 Stored Communications Act would apply, which would allow the DOJ to get a warrant. But Microsoft argues that since the data are stored overseas, the SCA doesn’t apply. The court’s liberal justices–namely, Justices Ginsburg and Sotomayor– seemed to side with Microsoft, arguing that Congress should enact new legislation. But Justices Roberts and Alito seemed to favor an interim, judicial measure that would allow law enforcement to conduct investigations while Congress sorts it out. Amy Howe reports on SCOTUS Blog.

On the net neutrality front …

Democrats in both chambers introduce bill to stop net neutrality repeal

Democrats in both chambers introduced bills to stop the FCC’s repeal of the net neutrality rules. The Senate bill has 50 co-sponsors, with one Republican, Susan Collins. It needs 1 more vote to get through the Senate. There’s also another bill in the House, that Representative Mike Doyle introduced, that’s supported by 150 of representatives.  However, Donald Trump is not expected to sign off on these bills, even if they do pass. And the clock is ticking on Congress to do something by January 23rd, which is when the 60-day window closes on the Congressional Review Act process. Public Knowledge has a great primer on how the Congressional Review Act works here., which I’ve linked to in the show notes.

Additionally, the state of Washington became the first state to pass net neutrality legislation of its own.

And six more companies have decided to sue the FCC for repealing the net neutrality rules including Kickstarter, Foursquare, Etsy, Shutterstock, Expa, and Automattic.

Pai to calls for new spectrum auctions

FCC Chairman Ajit Pai is calling for new auctions to free up more spectrum. Pai announced at the Mobile World Congress in Barcelona that he wants to free up more spectrum in the 24 and 28 GHz bands. The auction would be designed to accommodate 5G wireless. Pai proposes conducting the auction for the 28Gz band in November, and then proceed with a separate auction for the 24GHz band. Ali Breland has more at the Hill.

Pai declines NRA award

I reported last week that the National Rifle Association awarded FCC Chairman Ajit Pai the Charlton Heston Courage Under Fire Award. Politico now reports that Pai has turned it down.

New lawsuit alleges that Google discriminated against white and Asian men 

A new lawsuit filed in California’s San Mateo County Superior Court alleges that Google executives actively discriminated against white and Asian men in the hiring process. But currently, whites and Asians comprise some 91% of Google’s workforce. Kirsten Grind and Douglas MacMillan report in the Wall Street Journal.

The Verge: Palantir has been secretly using predictive policying technology in New Orleans

Ali Winston of the Verge wrote an investigative report on a secretive program carried out by Palantir, a data mining company that was seeded with funding from the CIA’s venture capital firm.  Apparently, Palantir has been working with the New Orleans’ police department to secretly track largely minority populations in New Orleans with an algorithm that claims to predict violence and crime. Not even the New Orleans city council admits that they were aware of the program.

Report: Sexting is on the rise among youth

A new JAMA Pediatrics report finds that sexting is on the rise among tweens and teens. The study compiled data from 39 studies of 110,380 participants and found that some 27% of kids between 12 and 17 receive sexts. The average age is 15. Fifteen percent reported that they sent sexts. Beth Mole reports in Ars Technica.

FCC relaxing environmental standards for 5G deployment

In addition to the spectrum auction, Republican FCC Commissioner Brendan Carr last week announced that the Commission will vote on March 23rd on a measure that would relax some environmental review standards for small companies that want to deploy 5G. Carr claimed in his remarks that the proposal would remove regulatory burdens and help the U.S. remain competitive. To support relaxing these environmental standards, Carr also made unsubstantiated claims that 5G deployment would create 3 million new jobs and hundreds of billions of dollars in network investment and GDP growth.

EU tells Facebook and Google to take down terror content in 1 hour

The European Union released a set of voluntary guidelines for Facebook and Google to remove terrorist and other illegal content, including content that incites hatred. The guidelines provide that the companies should remove such content within one hour. Binding regulations could be forthcoming depending on how well the voluntary guidelines work. Natalia Drozdiak reports in the Wall Street Journal.

Comcast wants to buy Sky for $31bn

Harper Neidig reports in the Hill that Comcast now wants to buy Sky, the European broadcaster, for $31 billion. This offer is 16% higher than what Fox was offering. Disney is also a factor here, since they’re making a bid for Fox’s non-broadcast assets.