News & Analysis as of

ABC Test

Healthcare Industry Companies Must Be Wary of Classifying Any Workers As Independent Contractors, In Light of the California...

As you may have seen in our recent article on the Labor and Employment Law Blog, the California Supreme Court recently issued a landmark decision in the case of Dynamex Operations West, Inc. v. Superior Court. In its ruling,...more

The Dynamex Fallout: Independent Contractor Classifications Endangered - California Employers Should Heed Recent State Supreme...

by Best Best & Krieger LLP on

In a unanimous ruling, the California Supreme Court in Dynamex Operations West v. Superior Court rejected the decades-old Borello test for determining whether workers should be classified as employees or independent...more

Independent Contractors—The More Things Change, The More They Stay The Same

by Fox Rothschild LLP on

I have done a lot of independent contractor work in New Jersey, defended many such cases, from (numerous) unemployment audits to FLSA class actions. The New Jersey test, the A-B-C test, is well-established and one of the...more

Grubhub Fights Back, Argues That Gig Companies Should Not Be Retroactively Tagged With Misclassification Liability In A...

by Fisher Phillips on

Now that sports betting has been legalized by the Supreme Court, I might want to consider laying some action on an upcoming game, because I am on fire with my recent predictions. In a blog post from last week, I correctly...more

CA Supreme Court Decision Calls for Reevaluation of Worker Classifications

by Ballard Spahr LLP on

Businesses with employees in California may need to reevaluate whether their workers are independent contractors or employees in light of a recent decision by the California Supreme Court. ...more

Independent Contractors in California—Misclassification Is Now “Easy as ABC”

by Blank Rome LLP on

California employers are facing a harsh new reality as a result of the state Supreme Court’s recent decision adopting a new test for determining whether a worker can properly be classified as an independent contractor (versus...more

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more

Did the California Supreme Court Instantly Poison the Gig Economy?

by Nilan Johnson Lewis PA on

On April 30, 2018, the California Supreme Court issued a ruling in Dynamex Operations West, Inc. v Superior Court that will make classification of workers more complex and threaten the gig economy business model. The Court...more

Suffering the ABCs of independent contractors

by DLA Piper on

On April 30, 2018, the California Supreme Court adopted a new test for determining whether a worker should be classified as an independent contractor or an employee. Application of this test is expected to expand the universe...more

California Supreme Court Makes It More Difficult for Employers to Classify Workers as Independent Contractors

by Stoel Rives LLP on

For almost 30 years, California courts have primarily used a subjective, multi-factor test in determining whether a worker was properly classified as an employee or independent contractor. In March of this year, the...more

Shots Fired: First Post-Dynamex Lawsuits Filed Against Gig Companies

by Fisher Phillips on

The ink on the Dynamex court decision is barely dry, but plaintiffs’ attorneys are not wasting any time in taking advantage of the new misclassification standard established for California businesses. In a pair of lawsuits...more

Senator Bernie Sanders Introduces Bill To Overhaul The Gig Economy

by Fisher Phillips on

As if gig businesses haven’t had enough bad news to digest in the past few weeks... fresh off the heels of the California Supreme Court’s decision in the Dynamex Operations case, members of Congress are now focusing on...more

California Supreme Court adopts broad "ABC" test for determining employment relationship

by DLA Piper on

In a long-awaited decision, the California Supreme Court, on April 30, 2018, issued its opinion in Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County, a case involving the test to be applied under...more

California Employment Law Notes - May 2018

We invite you to review our newly-posted May 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include...more

The New ABCs of Misclassification in California

by Alston & Bird on

What standard applies when determining if an individual should be classified as an independent contractor or an employee under California wage and hour law? Our Labor & Employment Group breaks down the California Supreme...more

Questions Left Open by Dymamex, And What Companies Can Do To Enhance Their IC Compliance

by Locke Lord LLP on

When the California Supreme Court issued its groundbreaking decision in the Dynamex case on April 30, announcing a new test to be used in determining independent contractor status under certain California laws, it left open a...more

Employees or Independent Contractors? New Jersey Governor Establishes Task Force to Crack Down on Employee Misclassification

On May 3, 2018, New Jersey Governor Phil Murphy signed an Executive Order establishing the Task Force on Employee Misclassification (the "Task Force"). New Jersey already applies the more onerous "ABC test" for...more

Are All Independent Contractors Now Employees?

by Ervin Cohen & Jessup LLP on

Last week the California Supreme Court issued a decision that changes the way California employers do business. In Dynamex Operations West, Inc. v. Superior Court, the Court held that a three factor test (called the “ABC...more

Upending the Gig Economy?

California Supreme Court’s new Dynamex test may throw a wrench into business models that rely on independent contractors. The California Supreme Court has imposed a new test for determining who is an independent contractor...more

New Jersey Passes Laws on Sick Leave and Pay Equity; Will Tackle Worker Misclassification

by Ballard Spahr LLP on

A little more than 100 days into his tenure, New Jersey Governor Phil Murphy has made it clear that employment is one of his top priorities. In the past two weeks, Gov. Murphy has signed a Paid Sick Leave and an Equal Pay...more

California Adopts Stricter Test for Independent Contractor Status

by Pepper Hamilton LLP on

On April 30, the California Supreme Court adopted a new and more onerous test (the ABC test) for determining whether individuals are employees or independent contractors. In its decision in Dynamex Operations West, Inc. v....more

California Supreme Court Makes Classifying Workers as Independent Contractors More Difficult

California's Supreme Court has issued a decision making it harder for companies to classify California workers as independent contractors. In Dynamex Operations West, Inc. v. Superior Court, the court adopted a broad...more

California Changes Rules on Independent Contractors

As reported by my colleagues in Proskauer’s California Employment Law Update, the Supreme Court of California established new rules on April 30, 2018 for determining whether a worker is an independent contractor or an...more

California Tightens Standard for Independent Contractor Classification

by K&L Gates LLP on

On April 30, 2018, the California Supreme Court issued a major decision that is of importance to employers on the issue of proper classification of independent contractors. In Dynamex Operations West, Inc. v. Superior Court,...more

California Makes it Harder for Companies to Classify Workers as Independent Contractors

In Dynamex Operations West, Inc. v. Superior Court, 2018 WL 1999120 (April 30, 2018), the California Supreme Court adopted a new, more restrictive standard for determining whether a worker is an employee under the California...more

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