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CA Supreme Court Misclassification Wage and Hour

Amundsen Davis LLC

California’s Supreme Court Upholds Proposition 22 Allowing Gig Workers To Be Classified As Independent Contractors

Amundsen Davis LLC on

On July 25, 2024, CaliforniaCalifornia’s Supreme Court issued a highly anticipated ruling that allows app-based rideshare and delivery companies to classify drivers as independent contractors instead of employees, if certain...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

Troutman Pepper

California Supreme Court Clarifies Dynamex’s “ABC” Test, Concluding that Independent Contractor Status Applies Retroactively

Troutman Pepper on

Q: Does the “ABC test” for independent contractor status in the state of California apply retroactively? ...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

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

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

Seyfarth Shaw LLP

California Supreme Court Rules That Dynamex ABC Test Applies Retroactively

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a unanimous decision, the California Supreme Court held that the worker friendly “ABC” test set forth by the Court in its 2018 landmark ruling, Dynamex Operations West, Inc. v. Superior Court, applies...more

Lewitt Hackman

How Did I Not See This Coming? Retroactive Application of Dynamex

Lewitt Hackman on

On January 14, 2021, the California Supreme Court held that the ABC Test, as articulated in Dynamex, applies retroactively to claims under California’s Industrial Welfare Commission Wage Orders....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

Jackson Lewis P.C.

California Supreme Court Answers The Ninth Circuit: Dynamex Applies Retroactively

Jackson Lewis P.C. on

In Vazquez v. Jan-Pro Franchising International (Vazquez), the California Supreme Court answered “Yes” to the Ninth Circuit’s question, “Does your independent contractor ABC test in Dynamex Operations West, Inc. v. Superior...more

Robins Kaplan LLP

Financial Daily Dose 10.23.2020 | Top Story: CA Appeals Court Tells Uber and Lyft to Treat Drivers as Employees

Robins Kaplan LLP on

A California appeals court has affirmed a lower court decision requiring Uber and Lyft to “treat their California drivers as employees, providing them with the benefits and wages they are entitled to under state labor law.”...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

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

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

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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

Blank Rome LLP

California Passes AB 5: The Lawful Use of Independent Contractors in California is Drastically Limited

Blank Rome LLP on

Just last year, the California Supreme Court in Dynamex Operations West v. Superior Court (2018) 4 Cal. 5th 903 (“Dynamex”) abruptly replaced the longstanding test in California for determining whether a worker is an...more

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