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A Jeff Foxworthy-Based Test for Independent Contractor Classification

Remarkably, Mr. Foxworthy’s name comes up frequently when talking about whether workers have been properly classified as independent contractors.  Not because there is anything funny about that issue; there isn’t.  And not...more

California Supreme Court Concludes That Dynamex Applies Retroactively

As we have previously written here, the California Supreme Court’s 2018 decision in Dynamex Operations West, Inc. v. Superior Court dramatically changed the standard for determining whether workers in California were properly...more

Time Is Money: A Quick Wage-Hour Tip on … a New President

At the time we are posting this, we are just weeks away from the inauguration of President-Elect Joseph Biden. Although perhaps not at the very top of the list of questions about the forthcoming Biden administration,...more

California Voters Pass Proposition 22, Allowing App-Based Ride Share and Food Delivery Companies to Treat Drivers as Independent...

As we have written here before, ride share and food delivery companies doing business in California had a lot at stake in the November 3, 2020 election. In fact, it was possible that those businesses might even cease doing...more

California Adds More Exemptions to Controversial Independent Contractor Statute

We have written frequently here about AB5, California’s controversial law that creates an “ABC” test that must be satisfied in order for a worker to be treated as an independent contractor. ...more

Emergency Stay of TRO Against Ride Share Companies Means Californians Won’t Have to Live Without Services

As we wrote here just several days ago, Californians were facing the seemingly unimaginable this week– the possibility of living without ride share services for the foreseeable future....more

Ride Share Companies Likely to Appeal California TRO Requiring Them to Treat Drivers as Employees

We have written here frequently about California’s controversial AB 5 law, which permits companies to treat workers as independent contractors only if they satisfy a stringent “ABC” test....more

California Attorney General’s Misclassification Suit Against Ride Share Companies Sets the Stage for a November Showdown

For those of you who may have been wondering whether the California Attorney General’s office was still open during the statewide stay-at-home order triggered by the coronavirus, the answer is yes – as evidenced by a...more

AB 5, Dynamex and Borello: What Standard Governs Independent Contractor Status In California?

It is no secret that independent contractor misclassification claims are being filed against employers with a great deal of frequency, often as class actions and often in California.  Many of those lawsuits have been filed...more

Judge Denies TRO to Freelance Journalists and Photographers Seeking Relief From California’s Controversial Independent Contractor...

As we wrote here recently, organizations representing freelance journalists and photographers filed suit seeking to enjoin enforcement of California’s controversial independent contractor statute, AB 5, as to them....more

Companies Doing Business in California Must Examine the Status of Persons Working as Independent Contractors Due to New...

There may soon be a fair number of big-rig trucks for sale in California, as well as computers, desks, and other material investments of persons who determine that they may no longer offer their services as independent...more

California Supreme Court Adopts “ABC Test” for Independent Contractors

On April 30, 2018, the California Supreme Court issued its long-awaited opinion in Dynamex Operations West, Inc. v. Superior Court, clarifying the standard for determining whether workers in California should be classified as...more

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