News & Analysis as of

Misclassification ABC Test Labor Regulations

Troutman Pepper Locke

Garden State May Soon Become Even Less Hospitable to Independent Contractors ‎Than the Golden State

Troutman Pepper Locke on

The New Jersey Department of Labor and Industry (the Department) announced on April 28, 2025, that it was filing a notice of a proposed regulation addressing the test for independent contractor (IC) status under New Jersey...more

Tucker Arensberg, P.C.

Pennsylvania Targets Worker Misclassification: Steep Costs Await Uninformed Employers

Tucker Arensberg, P.C. on

Pennsylvania is cracking down on misclassification of workers, and the costs to employers could be steep. Pennsylvania is placing an emphasis on employee classification. Recent investigations into misclassification have...more

Burr & Forman

The Burr Broadcast: New Independent Contractor Rule

Burr & Forman on

In this episode of The Burr Broadcast, Chandler Aragona explains the new Independent Contractor rule that goes into effect on March 11, 2024. ...more

Miller & Martin PLLC

Department of Labor Announces Proposed Rule on Employee/Independent Contractor Test

Miller & Martin PLLC on

The U.S. Department of Labor yesterday announced a Proposed Rule on the test to determine whether a worker should be classified as an employee or an independent contractor under the Fair Labor Standards Act.  The DOL will...more

Mintz

Court Rules "Independent Contractor" Prop 22 is Unconstitutional

Mintz on

On Friday, a California Superior Court judge held that California's Proposition 22--which allowed certain "gig economy" workers to be classified as independent contractors--is unconstitutional. California voters passed...more

CDF Labor Law LLP

The Ninth Circuit Reverses AB5 Injunction

CDF Labor Law LLP on

The Ninth Circuit Court of Appeals, in California Trucking Association v. Bonta, has reversed the preliminary injunction staying enforcement of AB 5 (now Labor Code § 2775). ...more

CDF Labor Law LLP

Independent Contractors Denied Class Action Status Under the Dynamex ABC Test

CDF Labor Law LLP on

In a rare victory for employers, a California Court of Appeal in Wilson v. The La Jolla Group, 2021 WL 940283 (3/12/2021) affirmed the trial court’s denial of class certification of independent contractors’ wage and hour...more

Hinshaw & Culbertson - Employment Law...

California Court of Appeal Rules Alleged Contractor Misclassification Not Enough to Justify Class Action

On Friday, March 12, 2021, the California Court of Appeal issued a ruling in Wilson v. The La Jolla Group that addresses the appropriate scope of class treatment for employee misclassification under Dynamex Operations West,...more

Pullman & Comley - Labor, Employment and...

DOL Proposes Delaying Newly Published Rule on Independent Contractors

Employers may be disappointed to learn that the Department of Labor’s recently issued rule clarifying the definition of “independent contractor” will likely no longer go into effect on March 8th, 2021. On January 20th, the...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

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

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

Akerman LLP - HR Defense

Labor Department Issues New Rule for Independent Contractor Status

With no clear guidance and different factors being given different weight by different courts, employers have struggled for years with whether workers can be properly classified as independent contractors, rather than...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

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

Seyfarth Shaw LLP

California ABC Test Not FAAAA-Preempted

Seyfarth Shaw LLP on

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

McManis Faulkner

ABC, Not Quite as Easy as 1-2-3 – Examining the California Legal Landscape Post-AB 5

McManis Faulkner on

For many years, worker classification has been an ongoing battle in California. The issue of employee vs. independent contractor has spurred many lawsuits statewide, resulted in countless precedent-setting decisions, and led...more

Seyfarth Shaw LLP

AB 2257: Sweeping Changes To AB 5 Independent Contractor Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5, a landmark piece of legislation governing their relationships with independent contractors, took effect on...more

Seyfarth Shaw LLP

California Enacts AB 2257, Providing Much-Needed Clarification and Adding Exemptions to AB 5

Seyfarth Shaw LLP on

Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5 (“AB 5”), a landmark piece of legislation governing their relationships with independent contractors, took...more

Epstein Becker & Green

California Adds More Exemptions to Controversial Independent Contractor Statute

We have written frequently here about AB5, California’s controversial law that creates an “ABC” test that must be satisfied in order for a worker to be treated as an independent contractor. ...more

FordHarrison

California Independent Contractor Legislation Would Reform AB 5's Treatment of Freelance Writers, Musicians, Artists, and Other...

FordHarrison on

On August 31, 2020, the California Legislature passed Assembly Bill 2257. If signed by Governor Newsom, AB 2257 would exempt several categories of workers from the stringent requirements of the ABC Test under Assembly Bill 5...more

Fisher Phillips

EXCLUSIVE: California Budgets Over $17M To Enforce Misclassification Law

Fisher Phillips on

In a budget deal finalized today and expected to be approved by state lawmakers in a matter of days, the California state legislature has reached an agreement that will see $17.5 million allocated toward enforcement of AB-5...more

Fisher Phillips

Panelists Debate Gig Economy Issues At Albany Law School Virtual Conference

Fisher Phillips on

I was able to virtually attend a session of Albany Law School’s 2020 Warren M. Anderson Legislative Seminar Series last week on “The Gig Economy,” bringing together some of the nation’s foremost thought leaders on the subject...more

Seyfarth Shaw LLP

New Guidance Tightens COVID-19 Restrictions on Massachusetts Employers, and the Massachusetts Attorney General Revises Guidance on...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On April 7, 2020, the Massachusetts Executive Office of Housing and Economic Development (“EOHED”) issued its updated COVID-19 Essential Services FAQs, providing more details on what is and what is not...more

85 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide