San Francisco Employment and Hospitality Litigator Marie Trimble Holvick was quoted by the National edition of Eater in an article entitled "Line Cooks, On Demand – Are hiring apps like Pared and Instawork the answer to restaurant staffing shortages?" The article focuses on the pros and cons of using hiring apps to pair “gig” workers with open positions in restaurants.
Holvick agreed with other commentators that the hiring apps provide a crucial source of on-demand labor. However, the article shed light on the potential impact State Assembly Bill 5 (AB5) could have on businesses who use these hiring apps come January 1, 2020. AB5 requires California employers to follow a three-pronged test known as the “ABC” test in determining who is an “employee” versus an independent contractor. While some industry experts claim that AB5 will open the door to misclassification claims by hospitality industry workers, Holvick disagreed: "I think that lawsuits stem from unhappy workers, and the workers aren't unhappy yet. When the workers are benefiting and happy, they're not the ones testing the law."
To read the article in full, please click here.
Holvick is the Assistant Managing Partner of the San Francisco Bay Area offices, and the Employment Chair for the firm’s Retail & Hospitality practice group. She is an experienced trial attorney with expertise in handling employment matters involving allegations of discrimination, harassment, retaliation, and wrongful termination. She also regularly handles lawsuits involving class action “wage and hour” violations and PAGA claims. Holvick is very active in the hospitality industry, and has developed an expertise in defending restaurants, wineries, and hotels in employment and ADA litigation. She currently serves on the Board of Directors of the Golden Gate Restaurant Association and the Board of Directors for CUESA.