News & Analysis as of

Exemptions Misclassification

Holland & Knight LLP

Food Delivery Drivers' Misclassification Suit May Be Exempt from Arbitration

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The U.S. Supreme Court decided Bissonnette, et al. v. LePage Bakeries Park St., LLC, et al. on April 12, 2024. In a unanimous decision written by Chief Justice John Roberts, the Court held that a transportation worker need...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Clarifies a “Day-Rate” Does Not Meet the FLSA “Salary Basis” Test, Even for Highly Compensated Employees

The Fair Labor Standards Act of 1938 (“FLSA”) created the right to a minimum wage and overtime pay. The FLSA also provides exemptions to overtime pay requirements for certain employees. Under the “bona fide executive”...more

Nossaman LLP

[Webinar] California Employment Law Update: What Employers Need to Know in 2022 - February 3rd, 11:00 am - 12:00 pm PT

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Please join our Employment Group on February 3, 2022 from 11:00 a.m. to 12:00 p.m. PT for a webinar covering significant new employment legislation in California, as well as case law developments and evolving COVID-19...more

Fisher Phillips

Federal Court Rules That Instacart Workers Cannot Escape Arbitration Despite FAA Argument

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A federal district court in Illinois just ruled that a proposed class of gig economy delivery drivers and paid shoppers must individually arbitrate their claims that they were misclassified as independent contractors,...more

Littler

AB 5 Update: Newspaper Carriers Secure (Another) One-Year Exception

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As business owners and members of the labor and employment law community know all too well, California’s AB 5 went into effect on January 1 of this year.  The law imposed the “ABC test” for determining whether a worker should...more

Troutman Pepper

AB 2257: A Significant Expansion of California Independent Contractor Laws

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Q: What are the details of Assembly Bill (AB) 2257 and how does it change the way I utilize independent contractors? ...more

Epstein Becker & Green

#WorkforceWednesday: New AB5 Exemptions, EEOC COVID-19 Updates, Joint-Employer Rule Partially Struck Down - Employment Law This...

Epstein Becker & Green on

Welcome to #WorkforceWednesday! This week, worker classification and joint employment are in focus, as California amends AB5 and a federal judge rules on joint-employer liability. New AB5 Exemptions in CA (video attached) ...more

Perkins Coie

California’s Independent Contractor/Employee Determination: New Legislative Changes to the ABC Test

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The “ABC test” now used in California to make determinations regarding the validity of independent contractor classifications initially was adopted by the California Supreme Court in Dynamex Operations W. v. Superior Court, 4...more

Proskauer - California Employment Law

California Amends Independent Contractor Law (Again) – New Exemptions for Music Industry Workers, Freelance Writers and...

Last Friday, September 4, Governor Newsom signed AB 2257, which includes a slew of modifications to the now-infamous AB5, which went into effect this year and codified the strict ABC independent contractor test, which we have...more

Locke Lord LLP

AB2257: Not Much Better Than AB5 for Most Industries in California Using Independent Contractors

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Many independent contractors complained of dire consequences after Assembly Bill 5 (AB5) became effective in California on January 1, 2020. Following intense lobbying and public relations campaigns, independent contractors in...more

Fisher Phillips

It’s All-AB-5, All-The-Time, As The California Legislature Returns

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After reviewing the 2,203 pieces of proposed legislation introduced in the California legislature by the February 21 deadline, it’s obvious that one issue will dominate debate in the 2020 session: the continued fallout from...more

Payne & Fears

AB5 Construction Exemption - A Checklist to Avoid Application of AB5's Three-Part Test

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Construction companies have a unique opportunity to avoid the application of the restrictive new independent contractors' law that took effect this year. This article provides a checklist that will help construction companies...more

Akin Gump Strauss Hauer & Feld LLP

Reminder: New California Employment Laws Going Into Effect January 1, 2020

• Numerous new California laws going into effect on January 1, 2020, will impact employers and employees. • The most significant laws include a new employee classification law, extension of the statute of limitations for...more

Nossaman LLP

[Webinar] ABC to AB 5: Changes to Independent Contractor Status in California - December 5th, 1:00 pm PT

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Join Maya Hamouie and Gabriela Pérez on December 5, 2019 for “ABC to AB 5: Changes to Independent Contractor Status in California.” This complimentary 60-minute webinar will explore how the recent Dynamex decision and...more

Farella Braun + Martel LLP

California’s AB5 Codifies Stricter Rules for Independent Contractors – What Wine Industry Employers Need to Know

California Governor Gavin Newsom has signed into law AB5, codifying a new test for distinguishing employees from independent contractors. While AB5 does not go into effect until January 1, 2020, it will apply retroactively...more

Holland & Knight LLP

New California Law Codifies – and Expands – Strict ABC Test for Independent Contractor Status

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California Gov. Gavin Newsom signed Assembly Bill (AB) 5 into law on Sept. 18, 2019, codifying the strict "ABC" test for employee versus independent contractor classification adopted by the California Supreme Court in Dynamex...more

Hogan Lovells

Out of the Frying Pan: California’s New Contractor Law Answers Some Questions, Creates Many More

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On September 18, 2019, California Governor Gavin Newsom signed into law a bill that attempts to settle some of the ambiguity that remained surrounding the California Supreme Court’s decision in Dynamex and its “ABC Test.”...more

Pillsbury Winthrop Shaw Pittman LLP

California Mandates Employment Classification for Many Workers, Codifying Dynamex’s ABC Test

Recommendations for employers before new law goes into effect on January 1, 2020 On September 18, 2019, California Governor Gavin Newsom signed into law a bill making it risky for employers (regardless of size) to classify...more

Buchalter

AB 5 – The Legislature’s Solution to Solving Your Questions on Proper Use of Independent Contractors

Buchalter on

The long-awaited legislation that is intended to provide clarification on the use of independent contractors for businesses in California has now been signed into law. Assembly Bill (“AB”) 5 codifies, clarifies, and grants...more

Stoel Rives - World of Employment

California Codifies Dynamex – Now What?

On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill (“AB”) 5, thereby codifying the California Supreme Court’s landmark decision in Dynamex Operations West, Inc. v. Lee. This represents the...more

Stokes Wagner

California Passes Landmark Legislation That Will Affect Most Independent Contractors

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On September 18, 2019, California Governor Newsom signed Assembly Bill 5 (AB-5), a landmark piece of legislation that codifies the ABC test and will significantly limit most employers’ use of independent contractors....more

Stokes Wagner

California Likely to Codify Dynamex in New Bill Ab-5

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On April 30, 2018, the California courts rocked the State’s labor and employment landscape with the decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (“Dynamex”). The court’s decision changed the way...more

Fisher Phillips

November Target For Proposed Exemption Changes

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As we reported previously, in March President Obama directed the U.S. Labor Department to "modernize and streamline" its regulations governing the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative,...more

BakerHostetler

California Supreme Court (!) Issues Strong Pro-Defense Wage and Hour Class Action Decision

BakerHostetler on

“Depending on the nature of the claimed exemption and the facts of a particular case, a misclassification claim has the potential to raise numerous individual questions that may be difficult, or even impossible, to litigate...more

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