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
5/17/2022
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Employee Definition ,
Employer Liability Issues ,
Independent Contractors ,
Joint Employers ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour
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
5/12/2021
/ ABC Test ,
Cal Code of Civil Procedure ,
Collective Bargaining Agreements (CBA) ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Labor Code ,
Preemption ,
State Labor Laws ,
Wage and Hour
Yesterday, Governor Gavin Newsom signed California Assembly Bill 5 (“AB5”), controversial legislation which will have a substantial impact on California employers when it goes into effect on January 1, 2020. ...more
9/19/2019
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
New Legislation ,
State Labor Laws ,
Wage and Hour
The California Supreme Court's decision in Dynamex v. Superior Court signals a sharp turn away from the standard that has been applied for decades in determining whether a worker is correctly classified as an independent...more
The California Supreme Court has taken a significant step away from the long-used multifactor test to determine whether individual workers are employees or independent contractors, and toward a test that presumes workers in...more
5/2/2018
/ ABC Test ,
Burden of Proof ,
CA Supreme Court ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Wage and Hour