News & Analysis as of

Independent Contractors Labor Code

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Littler

Los Angeles Publishes “Model Contract” Under Freelance Workers Protections Ordinance

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On August 7, 2024, the City of Los Angeles unveiled its “Model Contract” under the Freelance Workers Protections Ordinance (FWPO). This ordinance, which took effect on July 1, 2023, was designed to bolster protections for...more

Seyfarth Shaw LLP

Avoiding Fumbles and Penalties in California with Influencer Classification

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Seyfarth Synopsis: Collaborations with athletes, actors, and singers have always been a great way for companies to grow their brand recognition and create profitable products. With the Super Bowl (and, of course, its famed...more

Weintraub Tobin

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

Weintraub Tobin on

I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...more

Seyfarth Shaw LLP

Navigating the New World of Work: Is Contracting on the Way Out?

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Seyfarth Synopsis: The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to...more

Epstein Becker & Green

The Industrial Welfare Commission Returns with Plans for More Protections for California Employees

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With $3 million in funding from A.B. 102, California’s recent appropriations bill, the Industrial Welfare Commission (IWC), the administrative body charged by statute to regulate wages, hours, and working conditions, will...more

MoFo Employment Law Commentary (ELC)

The California Supreme Court Clarifies PAGA Standing

On July 17, the California Supreme Court issued its opinion in Adolph v. Uber Technologies, Inc. (S274671, Cal. Jul. 2023), holding that an employee who has been compelled to arbitrate claims under the Labor Code Private...more

Nilan Johnson Lewis PA

Requirements of California’s New Pay Transparency Law Ironically Opaque

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Starting January 1, 2023, California employers will need to comply with expanded pay transparency obligations. And, starting May 10, 2023 (and annually thereafter), they will need to make changes to their annual California...more

ArentFox Schiff

California Wage and Hour Potpourri: Liquidated Damages, UCL Awards, Sick Leave Penalties, Rent in Waiting Time Penalties, and More

ArentFox Schiff on

Sometimes, a wage and hour decision touches upon several noteworthy issues, either addressing them for the first time, in new contexts, or serving as a good reminder on topics. ...more

Miller Nash LLP

California Employer‘s Good-Faith Belief That Freelance Model Was Not an Employee Defeats Penalty Claims

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California employers will be pleased to learn that the Ninth Circuit Court of Appeals recently held that a retail store reasonably believed that a freelance model who worked in irregular one- or two-day periods was not an...more

Payne & Fears

Key California Employment Law Cases: April 2022

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Summary: Good-faith dispute about employment status of freelancer who modeled in sporadic one- or two-day increments precluded imposition of waiting-time penalties pursuant to Labor Code section 203. ...more

Perkins Coie

Rare Employer Victory in CA Misclassification Case

Perkins Coie on

A unanimous three-judge panel reached a decision in the case of Bijon Hill v. Walmart. Last week, the U.S. Court of Appeals for the Ninth Circuit affirmed that Walmart classified a freelance model, Bijon Hill, as an...more

Sheppard Mullin Richter & Hampton LLP

Good Faith Dispute Over Employment Relationship Allows Walmart to Escape Waiting Time Penalties

In a recent opinion in Hill v. Walmart Inc., the Ninth Circuit affirmed summary judgment in favor of Walmart on Hill’s claim for waiting time penalties under Labor Code section 203, finding there was a good-faith dispute...more

White & Case LLP

Platform workers: The European Commission proposes a presumption of employment

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On 9 December 2021, the European Commission presented a proposal for a directive aimed at harmonizing the legal status of platform workers in the European Union, in particular by establishing a presumption of salaried status....more

Jackson Lewis P.C.

2021 Wage & Hour Developments: A Year in Review

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In 2021, wage and hour laws continued to change and develop, expanding in some areas and contracting in others. In “2021 Wage & Hour Developments: A Year in Review,” we look back on significant wage and hour developments at...more

Hinshaw & Culbertson - Employment Law...

The 12 days of California Labor & Employment Series – Day 7: Intentional Failure to Pay Wages May Be Grand Theft

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this seventh day of the holidays, my labor and employment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Reasonable Expansion? New York Passes Additional Whistleblower Retaliation Law

On October 28, 2021, New York Governor Kathy Hochul signed into law Senate Bill S4394A, which amends section 740 of the New York Labor Law (NYLL) to enhance protections for private-sector employees who allege retaliation for...more

Payne & Fears

Key California Employment Law Cases: September 2021

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Chamber of Commerce v. Bonta, No. 20-15291, 2021 WL 4187860 (9th Cir. Sep. 15, 2021) - Summary: The FAA does not preempt Labor Code section 432.6’s prohibition of mandatory employment arbitration agreements, but does...more

Jackson Lewis P.C.

AB 5 Past and Present – What You Need to Know

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At the end of 2020, it seemed the legislature, the courts, and even California voters wanted to move away from the independent contractor test codified in Assembly Bill 5 (AB 5). However, during 2021, the pendulum seems to...more

Payne & Fears

Key California Employment Law Cases: April 2021

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California Trucking Association v. Bonta, No. 20-55106, 2021 WL 1656283 (9th Cir. Apr. 28, 2021) - Summary : The Federal Aviation Administration Authorization Act does not preempt the “ABC test” for determining whether a...more

Farella Braun + Martel LLP

Employment Law Issues to Consider Before Including Work Made for Hire Clauses in Contractor Agreements

For most employers, it is important to own the intellectual property rights in written and/or graphic work commissioned from independent contractors. But including a Work Made for Hire Clause (“WMFH Clause”) in an...more

Sheppard Mullin Richter & Hampton LLP

California Labor Code Section 925 and How Employers Can Avoid It

California Labor Code Section 925 prohibits employers from requiring employees who reside and work primarily in California, as a condition of employment, to agree to any provision that would require the employee to litigate...more

Payne & Fears

Key California Employment Law Cases: January 2021

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International Brotherhood. of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration No. 18-73488, 2021 WL 139728 (9th Cir. Jan. 15, 2021) - Summary:  Federal law preempts California’s meal and rest break...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2021

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Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new...more

ArentFox Schiff

California Rules 'ABC' Independent Contractor Test Applies Retroactively

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In Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018), the California Supreme Court held that any individual who performs work for a person or entity is presumed to be an employee who falls within the...more

Buchalter

California Labor & Employment Law Update – New Laws to Take Effect in 2021

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California employers operate under the most comprehensive Labor Code and legal regime in the Nation. The past year has challenged employers with unprecedented compliance during a global pandemic, which has already led to an...more

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