The Burr Broadcast: New Independent Contractor Rule
DE Under 3: US DOL's WHD Published Its “Employee or Independent Contractor” Classification Final Rule
#WorkforceWednesday: Employee Privacy and COVID-19, CMS Vaccine Mandate on Hold, Independent Contractor Classification - Employment Law This Week®
#WorkforceWednesday: New AB5 Exemptions, EEOC COVID-19 Updates, Joint-Employer Rule Partially Struck Down - Employment Law This Week®
Employment Law This Week®: FAA Arguably Preempts California Law, New CA Employment Laws for 2020, CA Consumer Privacy Act Amended
Employment Law This Week®: DOL’s Final Overtime Rule, CA Codifies “ABC Test,” Pay Data Collection Beyond 2018, NLRB’s Busy Summer
Legal Minute: Contractor Misclassification
When playing professional sports in Australia, you’d better watch out for snakes. A venomous red-bellied black snake was spotted on the field at an Australian Football League Women’s match earlier this year, causing an...more
It’s spring 2023, live entertainment is back, and perhaps so is the Internal Revenue Service (“IRS”). The Inflation Reduction Act, signed into law on August 16, 2022, authorizes $80 billion in funding for the IRS over the...more
On March 24, 2022, the Massachusetts Supreme Judicial Court (SJC) ruled in Patel v. 7-Eleven that the test for independent contractor status set forth in the Massachusetts independent contractor statute applies to the...more
In 2021, California Gov. Gavin Newsom signed several laws impacting California employers. The new laws — some of which recently became effective and others were signed into law just weeks ago and take effect January 1, 2022 —...more
At the end of 2020, it seemed the legislature, the courts, and even California voters wanted to move away from the independent contractor test codified in Assembly Bill 5 (AB 5). However, during 2021, the pendulum seems to...more
To close out the 2021 legislative season, Governor Gavin Newsom signed dozens of bills into law, many of which directly affect California employers. In addition to the coverage in prior blog posts, which are linked below,...more
This Holland & Knight Transportation Blog post provides an update on several developments of interest that impact motor carriers and their logistics operations. FMCSA Meal and Rest Break Rule Preempts California's "ABC...more
Independent contractors, meal periods, and PAGA. The first quarter of 2021 yielded some key rulings from the California appellate courts on independent contractor classification, meal-period rounding, and arbitration of...more
Employers grappling with independent-contractor classification had a busy 2020—and should expect a flurry of additional activity this year. Few areas in employment law are changing as rapidly. Last year, many concerned about...more
The California Supreme Court held on January 14, 2021, that its landmark Dynamex decision, which established a rigid standard under California law for companies to classify workers as independent contractors, and later was...more
On January 14, 2021, the California Supreme Court held that the “ABC Test” for classifying workers as independent contractors applies retroactively. The high court first articulated this standard, which makes it tougher for...more
On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior...more
Since April 2018, when the California Supreme Court issued its Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018) decision, which radically changed the way in which courts differentiated between an...more
2020 has been an unprecedented year in many ways, but one thing that remains constant is the legislature's enactment of new laws that impact employers. Ranging from Covid-19 legislation to revisions to worker classification...more
For generations of small business owners franchising serves as a successful business model. Under this paradigm a franchisor grants a franchisee a license to use the franchisor’s trademark and business concept in exchange for...more
Seyfarth Synopsis: In a case involving motor carriers, the California Court of Appeal has held that the FAAAA (Federal Aviation Administration Authorization Act of 1994) does not preempt the ABC employment test California...more
Last week, California voters passed several ballot measures impacting businesses on both the state and local levels. Of note are California’s Proposition 22 – which considers app-based drivers for rideshare and delivery...more
On November 3, 2020, California voters passed Proposition 22, an exemption from AB5 for app-based drivers and couriers who use personal vehicles/transportation to provide on-demand services. As detailed in previous posts here...more
Summary - California voters overwhelmingly approved Proposition 22. The ballot measure exempts app-based rideshare and delivery companies from AB 5, which made it more difficult to classify drivers as contractors by...more
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
Of the over 100 different ballot initiatives under consideration across the United States in the recent election, California’s Proposition 22 stands alone. The measure was perhaps the most significant initiative voters...more
Many independent contractors complained of dire consequences when Assembly Bill 5 (“AB5”) became effective in California on January 1, 2020. Following intense lobbying and public relations campaigns, independent contractors...more
The COVID-19 pandemic resulted in the closure of the California Legislature for long stretches of time this year. The work of the body continued on, however, and at the end of the session it passed the usual flurry of labor...more
In the last two weeks, the California Legislature has enacted numerous bills relating to employer obligations in light of COVID-19. Five of these bills have already been signed into law by Governor Newsom. The remainder may...more
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