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California ABC Test

McGlinchey Stafford

Court Upholds Law Classifying App-Based Drivers as Independent Contractors: Does What Happens in California, Stay in California?

McGlinchey Stafford on

The California Supreme Court recently upheld a California law that classifies drivers for app-based transportation companies, such as Uber, Lyft, or DoorDash, as independent contractors and not employees, provided the company...more

Manatt, Phelps & Phillips, LLP

California’s AB 5 Survives Ninth Circuit Review

California’s Assembly Bill 5 (AB 5) doesn’t violate federal or state Equal Protection clauses, the en banc Ninth U.S. Circuit Court of Appeals has determined. The dispute dates back to 2019, when the state legislature...more

Proskauer - California Employment Law

Gig Workers: 2, California: 0 in Ongoing Fight for Independent Contractor Status

The long-running feud between California and the “gig economy” shows no sign of ending soon. On April 28, 2023, the State of California submitted a petition to the Ninth Circuit in Olson v. California, No. 21-55757 (9th...more

Jackson Lewis P.C.

Ninth Circuit Holds California’s ABC Test for Classifying Independent Contractors Does Not Violate First Amendment

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Ninth Circuit reviewed a challenge to California’s “ABC Test,” also referred to as Assembly Bill (AB) 5, which is California’s test for whether a worker can be classified as an independent...more

Stradling Yocca Carlson & Rauth

Top 5 Employment Law Mistakes For Start Ups to Avoid

Congratulations on your new business! While you have many things on your mind, it is important to remember that you are subject to California employment laws. As you likely already know, these laws are some of the most...more

ArentFox Schiff

An Initial Threshold Test Is Not Required in Order to Apply the “ABC Test” in Dynamex

ArentFox Schiff on

An Initial Threshold Test Is Not Required in Order to Apply the “ABC Test” in Dynamex - Introduction - In the past few years, California employers and courts have grappled with the impact of Dynamex Operations West,...more

Sheppard Mullin Richter & Hampton LLP

2021 California Legislative Update: California’s New Employment Laws

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

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Reversed Grubhub’s Victory on Independent Contractor Classification in Light of the Retroactive Application of...

On Monday, the Ninth Circuit vacated a judgment for Grubhub, Inc. and against a former food delivery driver, Raef Lawson, who claimed that he was misclassified as an independent contractor when he performed food delivery...more

ArentFox Schiff

California Judge Enjoins Proposition 22 as Unconstitutional in Classifying App-Based Drivers as Independent Contractors

ArentFox Schiff on

In November 2020, California voters passed a ballot initiative, Proposition 22, by an overwhelming majority. Proposition 22 exempts certain app-based drivers from the requirements of California’s Assembly Bill 5 (AB 5) by...more

Snell & Wilmer

Not So Fast: California Judge Strikes Down Proposition 22, Finding That Rideshare and Delivery Drivers Are Employees—Not...

Snell & Wilmer on

The road to independent contractor status for rideshare and food delivery drivers working for companies like Uber, Lyft, and Grubhub in California has been neither smooth nor inexpensive. After spending more than $200 million...more

Husch Blackwell LLP

California, Ride-Hailing Companies Collide In Court: Implications And Next Steps

Husch Blackwell LLP on

Uber, Lyft, and other app-based transportation companies suffered a blow on August 20, 2021, when Alameda Superior Court Judge Frank Roesch ruled that California’s Proposition 22 violates the state’s constitution and is...more

Holland & Knight LLP

Update on Key Issues for Motor Carriers Involving Independent Contractors

Holland & Knight LLP on

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

Sherman & Howard L.L.C.

Ninth Circuit Dumps Truckers’ Challenge To California’s New Independent Contractor Test

In a previous post, we talked about California shifting gears to the so-called “ABC test” for determining whether a worker is an employee or independent contractor in a law called “AB-5.” Compared to California’s previous...more

ArentFox Schiff

Ninth Circuit Rules California’s AB5 Will Apply to Motor Carriers

ArentFox Schiff on

The Ninth Circuit Court of Appeals has issued a long-awaited decision on the question of whether AB5, California’s strict independent contractor misclassification statute, may be applied to motor carriers, or whether the...more

Jackson Lewis P.C.

Employers Should Have These Pending Wage And Hour Bills On Their Radar

Jackson Lewis P.C. on

The California Legislature is well into its 2021 Legislative session and February 19 was the last day to introduce new bills. Below is a sampling of some wage and hour bills that employers should have on their radar...more

ArentFox Schiff

California Rules 'ABC' Independent Contractor Test Applies Retroactively

ArentFox Schiff on

In Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018), the California Supreme Court held that any individual who performs work for a person or entity is presumed to be an employee who falls within the...more

Buchalter

California Labor & Employment Law Update – New Laws to Take Effect in 2021

Buchalter on

California employers operate under the most comprehensive Labor Code and legal regime in the Nation. The past year has challenged employers with unprecedented compliance during a global pandemic, which has already led to an...more

Foley & Lardner LLP

New California Laws Set Stage for the Future

Foley & Lardner LLP on

The Biden Plan for Strengthening Worker Organizing Collective Bargaining and Unions specifically endorses several California employment laws as models for the whole country. Accordingly, the many new employment laws set to...more

MoFo Employment Law Commentary (ELC)

Another Round Of New California Employment Laws

With the New Year rapidly approaching, employers should prepare for the flurry of new California employment legislation. The recent legislation presents new compliance challenges and requirements for California employers,...more

Foley & Lardner LLP

California Employers Fight Back Against AB 5 with Mixed Results

Foley & Lardner LLP on

Since its introduction on September 18, 2019, Assembly Bill 5 (AB 5) has caused confusion and controversy, and has sparked fervent opposition across California, as it codifies the common law “ABC Test” used for determining...more

ArentFox Schiff

California Trucking Industry Faces Continuing Legal Uncertainty After the California Court of Appeal Finds the Expanded AB 5 ‘ABC’...

ArentFox Schiff on

In the latest Chapter of the continuing saga of whether the Federal Aviation Administration Authorization Act (FAAAA) of 1994 preempts either California’s expanded Dynamex “ABC” test set forth in AB 5 or the recent statutory...more

Foley & Lardner LLP

Franchisors Challenge California’s AB 5

Foley & Lardner LLP on

On November 17, 2020, the International Franchise Association (IFA) filed suit in the U.S. District for the Southern District of California, challenging California’s AB 5 as it is applied to franchise relationships. The IFA’s...more

Fox Rothschild LLP

The Passage Of Prop 22 And Future Aftershocks To Come From It

Fox Rothschild LLP on

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

Snell & Wilmer

There May Be Some Good News Coming to Companies Using Independent Contractors – At Least Under Federal Law

Snell & Wilmer on

While states like California continue to make it tougher for companies to properly classify workers as independent contractors by adopting the ABC test, on September 25, 2020, the U.S. Department of Labor issued a notice of...more

Stoel Rives - World of Employment

California Modifies the ABC Test – But It Doesn’t Really Help

Last year, California Governor Gavin Newsom signed Assembly Bill (“AB”) 5, which signaled a seismic shift in the way California employers classify workers as either independent contractors or employees.  On September 4, 2020,...more

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