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California Supreme Court Upholds Proposition 22

The California Supreme Court issued its decision in Castellanos v. State (Castellanos) on July 25, 2024, ruling Proposition 22 (Prop 22), the initiative that allows businesses to classify drivers for app-based transportation...more

Five Questions Companies Are Asking About DOL's New Independent Contractor Rule - Updated

The U.S. Department of Labor (DOL) published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act (FLSA)...more

NLRB Returns to the Obama-Era Standard for Independent Contractors

The National Labor Relations Board (NLRB or the Board) issued a decision on June 16, 2023, returning to an Obama-era standard used to determine whether a worker is an employee or an independent contractor under the National...more

US Department of Labor Proposes Independent Contractor Rule

The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (the Proposed Rule) on October 13, 2022, that proposes guidance on determining employee or independent contractor classification under the Fair...more

2021 California Labor, Employment, and Independent Contractor Legislative Update

With the 2021 California legislative year closed, it is now time to examine the new legislation that will affect California companies. We have summarized the key new legislation below, with relevant action items noted....more

US Department of Labor Announces Final Rule Regarding Independent Contractors - Update

The Department of Labor (DOL) announced in May 2021 that it was withdrawing the rule called “Independent Contractor Status Under the Fair Labor Standards Act.” As anticipated, the Biden administration rescinded this Trump-era...more

California’s Supreme Court Confirms the Retroactivity of the ABC Test Established in the 2018 Dynamex Decision

On January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc. The decision holds that the ABC test used to determine independent contractor versus employee status for purposes of...more

US Department of Labor Announces Final Rule Regarding Independent Contractors

On January 7, 2021, the U.S. Department of Labor (DOL) issued its highly anticipated final rule codifying its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA). The final rule comes in...more

New Administration Will Bring Big Changes to the Department of Labor

The U.S. Department of Labor (DOL) will see significant changes under a Biden administration. However, the nature and the degree of those changes will depend heavily on how Biden fills senior roles not only at DOL but also in...more

California’s Prop 22 Passage Allows Tech-Based Companies to Classify Drivers as Contractors

On Election Day 2020, California voters approved Proposition 22 which allows some gig economy companies to continue to classify drivers as independent contractors. These app-based drivers also will be guaranteed minimum...more

2020 California Labor & Employment Legislative Roundup

California’s legislative session closed with the state Assembly and Senate signing nearly 40 bills related to employment. Below we summarize the key legislation Governor Gavin Newsom ultimately signed into law, including...more

U.S. Department of Labor Issues Notice of Proposed Rulemaking on Independent Contractor/Employee Worker Classifications

The U.S. Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) on September 22, 2020, seeking to codify the independent contractor/employee worker classifications into the Fair Labor Standards Act’s...more

NY Court Strikes Down Significant Portions of DOL’s Final Rule Defining Joint Employment Scenarios Under FLSA

The U.S. Department of Labor’s (DOL) Final Rule revising the joint employer regulations under the federal Fair Labor Standards Act (FLSA) took effect on March 16, 2020, (Final Rule). On September 8, 2020, the Hon. Gregory H....more

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

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

California Employment Law Legislative Update 2020

With the California legislative year now closed, we know which proposals became reality and offer insight into their likely impact on California employers in the coming year. The following update provides a brief overview of...more

New “ABC” Test Distinguishes Employees From Independent Contractors for California’s Wage Orders

The Supreme Court of California recently adopted a new standard for distinguishing between employees and independent contractors under California’s Industrial Welfare Commission (IWC) Wage Orders. Ruling unanimously, the...more

Department of Labor Withdraws Informal Guidance on Joint Employment and Independent Contractors

On June 7, 2017, U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s 2015 and 2016 informal guidance on joint employment and independent contractors...more

DOL Releases Updated Independent Contractor “Misclassification” Website.

In a follow-up to the U.S. Department of Labor’s (DOL) release of 12 questions and answers in a publication called “Misclassification Mythbusters,” the DOL has now released a new website called “What is ‘misclassification’?”...more

U.S. Department of Labor Releases “Misclassification Mythbuster” Publication Related to Independent Contractors

The U.S. Department of Labor (DOL) recently released 12 questions and answers in a publication called “Misclassification Mythbusters.” It appears that the publication is intended to educate/inform individuals about whether...more

New Arizona Legislation May Affect the Interests of Arizona Businesses and Employers

Two new statutes, signed into law by Arizona Governor Doug Ducey this legislative session, attempt to set new standards on defining the independent contractor relationship and how wages are regulated. Below is a description...more

Wage Order—Not Borello—Applies in Independent Contractor Status Test Says California Court of Appeal

The California Court of Appeal, Second District, issued an opinion on October 15, 2014, that considered whether the definition of “employee” from the Industrial Welfare Commission Wage Order No. 9 (Wage Order) or the common...more

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