It’s been nearly six months since the California Supreme Court announced that employers and government agencies were using the wrong test to determine who’s an independent contractor. In Dynamex Operations West, Inc. v....more
An ancient maxim of jurisprudence states that “the law disregards trifles.” Or in Latin: De minimis non curat lex. The underlying principle is that some alleged wrongs are so trivial or hard to measure that courts don’t want...more
Establishing that a worker in California is an independent contractor, as opposed to an employee, has always been difficult.
Now the California Supreme Court has made it even harder....more
Determining whether a California worker is an independent contractor or an employee has always been difficult. Judges deciding the issue have complained that the test used by California courts “provides nothing remotely close...more
A recent California Supreme Court opinion highlights how employers following federal law can run afoul of California wage and hour requirements.
The issue in Alvarado v. Dart Container Corporation of California involves...more
Let’s pick up where we left off. In our last post of 2016, I was complaining about the California Supreme Court’s decision in Augustus v. ABM Security Services, Inc. The majority opinion in that case said that employees who...more