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CA Supreme Court Misclassification State Labor Laws

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court May Address Questions Left from Viking River Cruises in 2023

On July 20, 2022, the California Supreme Court granted review in Adolph v. Uber Technologies, Inc., Cal. Ct. App. Case No. G059860, which indicates that it may intend to address the questions of state law addressed by the...more

Fisher Phillips

The Top 17 Workplace Law Stories from May 2022

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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 have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

The Top 14 Workplace Law Stories from January 2022

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 have been an unprecedented number of changes for the past few years—and this past month...more

Jackson Lewis P.C.

AB 5 Past and Present – What You Need to Know

Jackson Lewis P.C. on

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

CDF Labor Law LLP

Proposition 22 Challenged in Oakland State Court

CDF Labor Law LLP on

Last November, California voters convincingly (almost 60% supporting) enacted Proposition 22.  This Proposition was a well-funded effort that allows gig drivers working for companies like Uber, Lyft and Doordash to avoid the...more

Foley & Lardner LLP

California Supreme Court Rules Dynamex Decision Applies Retroactively | Newsletters | Legal News: Distribution & Franchise

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The California Supreme Court has followed up on its groundbreaking decision in Dynamex Operations West Inc. v. Superior Court, 4 Cal.5th 903 (2018), which imposed the so-called “ABC Test” for determining whether a worker is...more

K&L Gates LLP

The Past Looks like the Present: The California Supreme Court Determines that the Dynamex Decision on Independent Contractor...

K&L Gates LLP on

On 14 January 2020, the California Supreme Court held that its earlier landmark decision setting forth the definitive rule for independent contractor classification, Dynamex Ops. W. Inc. v. Superior Court, 416 P.3d 1 (2018),...more

Fenwick & West LLP

Supreme Court Rules Dynamex ABC Test is Retroactive

Fenwick & West LLP on

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

Perkins Coie

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

Perkins Coie on

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

Polsinelli

California Supreme Court Holds “ABC Test” For Independent Contractors Applies Retroactively

Polsinelli on

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

FordHarrison

Misclassification Liability in the Rear-View Mirror May Be Greater Than It Appears: Cal Supremes Say Dynamex "ABC Test" Applies...

FordHarrison on

It was quite a week for the gig economy in California. This is the second of a two-part update; last week we reported on a union- and driver-led California Supreme Court challenge to Proposition 22, the November 2020 voter...more

Littler

California Supreme Court Reaffirms that ABC Test is Retroactive

Littler on

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

Holland & Knight LLP

California Supreme Court: ABC Test for Contractors Applies Retroactively

Holland & Knight LLP on

The California Supreme Court in Vazquez v. Jan-Pro Franchising International, Inc. ruled on Jan. 14, 2021, that its decision in Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018) (Dynamex), applies...more

Benesch

California Supreme Court Affirms that the Dynamex “ABC Test” for Independent Contractor Classification Applies Retroactively

Benesch on

On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more

Stokes Wagner

California Supreme Court Holds Dynamex ABC Test Applies Retroactively

Stokes Wagner on

On Thursday, the California Supreme Court ruled that California’s “ABC” test for determining independent contractor status applies retroactively. As a result, employers may be held to a standard not even in effect at the time...more

CDF Labor Law LLP

California Supreme Court Affirms That The Dynamex (A-B-C) Test Applies Retroactively

CDF Labor Law LLP on

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

McManis Faulkner

Does the New ABC Test Apply Retroactively? Stay Tuned for Answers

McManis Faulkner on

By now, you should all know about California’s Dynamex Operations West, Inc. v. Superior Court decision, which was the impetus for changing the state’s worker classification law. If you need a refresher on Dynamex and the ABC...more

Littler

California Supreme Court Grants Review of Dynamex Retroactivity – Again

Littler on

On Wednesday, January 15, 2020, the California Supreme Court agreed to review a second case raising questions as to the scope and retroactivity of its landmark 2018 Dynamex decision....more

Womble Bond Dickinson

What You Need to Know About New California Employment Law Going into Effect in 2020

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As a notorious trend-setter in the employment law realm, California ranks among the toughest in the nation when it comes to regulations imposed on employers that conduct business within the state. Accordingly, compliance with...more

Proskauer - California Employment Law

Adjusting To The “New Normal” With AB 5 – A World Without Independent Contractors

On January 1, 2020, California’s new worker classification law known as Assembly Bill 5 (“AB 5”), goes into effect. AB 5 codifies the three-factor “ABC” test adopted by the California Supreme Court in its 2018 Dynamex...more

Allen Matkins

Has California Made Directors Employees?

Allen Matkins on

On September 18, 2019, California Governor Gavin Newsom signed AB 5 into law effective January 1, 2020.  This legislation is intended to make it more likely that a worker will be classified as an employee. It effects this...more

Snell & Wilmer

The California Supreme Court Is To Decide the Retroactive Application of the Dynamex Independent Contractor Decision

Snell & Wilmer on

On November 20, 2019, the California Supreme Court finally agreed to take up the question of whether the landmark Dynamex independent contractor decision applies retroactively. In April 2018, the California Supreme Court...more

Lewitt Hackman

Franchise 101: California Assembly Bill 5 (2019)

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California Governor Gavin Newsom signed into law Assembly Bill 5 (“AB-5”). AB-5 codifies into California’s Labor Code the “ABC test” for determining employee or independent contractor status, as adopted by the California...more

Epstein Becker & Green

Annual California Employment Law Update: New Laws for 2020 Expand Worker Rights and Limit Independent Contractor Status

Epstein Becker & Green on

This year, Governor Gavin Newsom signed numerous employment-related bills that landed on his desk. Among the major changes that will affect employers with California operations in the coming year are the following...more

Fisher Phillips

Web Exclusive - September 2019: The Top 11 Labor And Employment Law Stories

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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 have been an unprecedented number of changes for the past few years—and this past month...more

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