News & Updates
News & Events
eBay, Etsy, Poshmark and OfferUp Join the Marketplace Industry Association in Filing an Amicus Brief on Texas and Florida Content Moderation Laws
Source: Perkins Coie
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The Marketplace Industry Association, eBay, Etsy, Poshmark and OfferUp filed a joint Amicus brief before the U.S. Supreme Court in the Texas and Florida content moderation cases, arguing that burdensome state laws in Texas and Florida are eroding the First Amendment rights of digital marketplaces to moderate content on their platforms. The amicus brief highlights that the Texas and Florida laws effectively force digital marketplaces to choose between complying with “onerous government regulations” or “letting their platforms become vehicles for unsafe, hateful, spammy, discriminatory, or offensive content that is contrary to their values and harmful to their users.” Read the press release. Read the brief.
Marketplace Industry Association joins TechNet to Urge Congress to Pass the CREATE AI Act
The Marketplace Industry Association joins TechNet, Federation of American Scientists and other organizations to urge Congress to authorize the National Artificial Intelligence Initiative Act, which would revolutionize the AI research landscape in the US, fostering the ability to address societal-level challenges by empowering and broadening participation in foundational, use-inspired and translational AI research and development, ultimately democratizing access to the AI field. Read the letter. Read Rep. Eshoo's response.
Marketplace Industry Association joins Software & Information Industry Association in Filing Amicus Brief in the Apple, Facebook and Google Casino-Style Games Litigation
Source: Marketplace Industry Association
The Marketplace Industry Association and the Software & Information Industry Association filed a joint Amicus brief before the U.S. Supreme Court in the Apple, Facebook and Google casino-style games litigation, arguing that the Communications Decency Act §230 protects the platforms from liability for the applications that are purchased through their platforms. Further, amici argue that processing payments for the casino-style games does not impact each platform's Communications Decency Act §230 protection. Read the Apple brief. Read the Facebook brief. Read the Google brief.
Marketplace Industry Association Files Comment Before the Federal Trade Commission on the Negative Option Rule
Source: Marketplace Industry Association
The Marketplace Industry Association filed a comment before the Federal Trade Commission regarding the negative option rule rule making. The Association supports the Commission’s efforts to clarify acceptable negative option practices, generally, and provides feedback and context to help the Commission understand and refine the proposed Rule to avoid harm to both businesses and consumers. Read the comment.
Marketplace Industry Association and Match.com File Amicus Brief in Gonzalez v Google U.S. Supreme Court Case
Source: Marketplace Industry Association
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The Marketplace Industry Association and Match.com filed a joint Amicus brief before the U.S. Supreme Court in the Gonzalez v. Google case, which is the first case at the high court interpreting Section 230 of the Communications Decency Act (the law that protects internet platforms from liability for the online and offline conduct of the users). The case focuses on whether Section 230 protection should extend to the organization, sorting and recommendation of information by platforms - this is something nearly all platforms do. Read the brief.
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Marketplace Industry Association Executive Director Submits Testimony Before the Department of Labor Wage and Hour Division
Source: Marketplace Industry Association
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On Friday, June 24th Executive Director Jeremy Gottschalk represented the Marketplace Industry Association before the U.S. Department of Labor’s Wage and Hour Division in connection with proposed regulations on independent contractor status. The new regulations focus on the definition of independent contractor to replace the currently operative Trump Administration independent contractor regulations.
Marketplace Industry Association Files Amicus Brief in Castellanos Case Before California Appellate Court
Source: Marketplace Industry Association
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In response to the overturning of Prop 22 by a California judge, the Association filled an Amicus Brief before the California Appellate Court, urging the lower court's decision to be overturned. You can see the Amicus Brief filed by the Association here, as well as an article identifying the different groups that filed Amicus Briefs in this case, here, including the Association.
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Marketplace Industry Association Files Amicus Brief Before the National Labor Relations Board in Response to Public Invitation
Source: Marketplace Industry Association
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In response to the NLRB's invitation for public input on whether the Board should adhere to the independent contractor standard in SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019) or whether the Board should return to the standard in FedEx Home Delivery, 361 NLRB 610, 611 (2014), either in its entirety or with modifications? You can see the Board Decision and request for public input here, the Associations Amicus Brief here as well as the Association's efforts mentioned in Bloomberg's Daily Labor Report here.
Source: TechNet
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The Marketplace Industry Association joined TechNet and dozens of other organizations, associations and chambers of commerce across the country to urge Congress and the Administration to pass comprehensive, federal privacy legislation in order to end the patchwork of state-by-state privacy legislation that we are seeing. The coalition wrote a letter to President Biden, to Congress and issued a press release announcing its efforts.
California Legislature set to act on newly introduced legislation that creates a third classification of worker complete with legal benefits and protections. click here to read more
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It's Time for Marketplaces to Unite Around AB5
Source: Marketplace Risk
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California’s Assembly Bill 5, also known simply as “AB5,” is set to become law - it goes into effect January 1, 2020. What many in the marketplace ecosystem have not considered until recently, especially those headquartered outside of California and those without operations in the State, is how AB5 may adversely impact their business. The reality is that AB5 in its current form could impede the future of the marketplace business model and severely limit the opportunities afforded to millions of workers who find work through marketplaces, in addition to limiting consumer choice for services available through marketplaces. So, it’s time for marketplaces to work together to come up with a solution to AB5 - this is our opportunity to work together to build marketplace businesses and grow the workforce while improving conditions for workers and benefitting consumers. click here to read more
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AB5 Updates
Source: Marketplace Risk
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Join members of the Marketplace Industry Association from around the country for a dinner ahead of the biannual meeting. click here to read more
AB5 is now law in California. Now what?
Source: JDSupra
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On September 18, 2019, California Governor Gavin Newsom signed into law a contentious piece of legislation—AB5—that could potentially reclassify millions of independent contractors as employees and dramatically reshape the future of independent workforces in California and beyond. click here to read more
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Fixing The Gig Economy Doesn’t Require Turning All Uber Drivers Into Employees
Source: Daily Caller
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While new technologies have enabled new economic opportunities and labor arrangements, current laws largely treat employment as a binary between independent contractors and full-time employees. This limits employers who might otherwise want to offer some, but not all benefits; and unnecessarily restricts employees who need flexibility and the ability to set their own hours. click here to read more
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New York State Senate to Examine Gig Economy
Source: Cheddar
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Jay Bregman, co-founder and CEO of Thimble, discusses the gig economy landscape ahead of his testimony in front of New York State Senators on the subject. click here to read more