The US Department of Labor (DOL) recently issued guidance concerning a new exemption under the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA) in connection with the provision of investment advice. PTE 2020-02, Improving Investment Advice for Workers & Retirees (the Exemption), became effective on February 16, 2021. On April 13, 2021, the DOL issued additional guidance, in FAQ format, to further explain the Exemption.
The UK Employment Appeal Tribunal has upheld the Employment Tribunal’s finding that Uber drivers are “workers”. It rejected Uber’s argument that Uber is simply a technology platform acting as an agent to connect self-employed Uber drivers with users of the ride-hailing app.
What Is the Issue?
The United Kingdom recognises three categories of employment status: employees, workers and self-employed contractors, each with varying levels of protection under employment law. Employees and workers are afforded greater protection than self-employed contractors, with employees having the full suite of UK employment rights. Workers are entitled to core rights such as statutory holidays, sick pay and breaks, and national minimum wage.
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