News & Analysis as of

Misclassification ABC Test Wage Orders

Snell & Wilmer

California Supreme Court Rules That Dynamex ABC Test Applies Retroactively

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On January 14, 2021, the California Supreme Court ruled in Vazquez et al. v. Jan-Pro Franchising International, Case no. S258191, that the Dynamex ABC Test, which makes it harder for companies to classify workers as...more

Benesch

InterConnect FLASH! No. 81 - California Supreme Court Affirms that the Dynamex “ABC Test” for Independent Contractor...

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

Sheppard Mullin Richter & Hampton LLP

Back to the Joint Employer: Having Changed the Classification Test for Independent Contractors, Will the California Legislature...

As reported... California recently enacted new legislation – Assembly Bill 5 – that expanded the scope of an “employee” under state law. Beginning January 1, 2020, the answer to whether a person providing services in...more

Allen Matkins

Has California Made Directors Employees?

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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

Payne & Fears

Key California Employment Law Cases: October 2019

Payne & Fears on

Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239, 253 Cal. Rptr. 3d 798 (2019) - Summary:  Term “regular rate of compensation” for calculating meal or rest break premium payments is not synonymous with term...more

Hogan Lovells

Out of the Frying Pan: California’s New Contractor Law Answers Some Questions, Creates Many More

Hogan Lovells on

On September 18, 2019, California Governor Gavin Newsom signed into law a bill that attempts to settle some of the ambiguity that remained surrounding the California Supreme Court’s decision in Dynamex and its “ABC Test.”...more

Benesch

InterConnect FLASH! No 75 - Gov. Signs Bill Expanding Stranglehold on IC’s in CA: What Now in California?

Benesch on

California Gov. Gavin Newsom signed the recently passed Assembly Bill 5 (“AB-5”) codifying the Dynamex decision relating to the classification of independent contractors/employees in California and further “clarifying the...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

Epstein Becker & Green

Companies Doing Business in California Must Examine the Status of Persons Working as Independent Contractors Due to New...

Epstein Becker & Green on

There may soon be a fair number of big-rig trucks for sale in California, as well as computers, desks, and other material investments of persons who determine that they may no longer offer their services as independent...more

Stoel Rives - World of Employment

California Codifies Dynamex – Now What?

On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill (“AB”) 5, thereby codifying the California Supreme Court’s landmark decision in Dynamex Operations West, Inc. v. Lee. This represents the...more

Cooley LLP

Alert: Governor Newsom Signs AB 5 Into Law, Effective January 1, 2020

Cooley LLP on

On September 18, California Governor Gavin Newsom signed AB 5 into law, and the new law will become effective on January 1, 2020. AB 5 codifies the "ABC test" from the landmark Dynamex case to determine whether a service...more

Fisher Phillips

Rewriting California’s Independent Contractor Rules: A Business Survival Guide

Fisher Phillips on

With his signature on AB 5 on September 18, 2019, California Governor Gavin Newsom has completed the year-long overhaul of the state’s independent contractor test. What was once governed by a balancing test that provided...more

Farella Braun + Martel LLP

California’s AB5 Codifies Stricter Rules for Independent Contractors – What Employers Need to Know

On September 18, 2019, California Governor Gavin Newsom signed into law AB5, codifying the ABC test for distinguishing employees from independent contractors and expanding its application beyond California’s Wage Orders....more

Mintz - Employment Viewpoints

California Law Impacts All Categories of Independent Contractors – Not Just Gig Workers – What Your Business Needs to Do Now

The California legislature has now passed AB 5 and, if Governor Gavin Newsom signs the bill into law as expected, California will effectively ban nearly all categories of independent contractors – not just gig economy...more

Sheppard Mullin Richter & Hampton LLP

Three Major Workplace Bills to Land on Gov. Gavin Newsom’s Desk

Following the launch of the so-called “MeToo” movement, the California Legislature (controlled by a Democratic supermajority) has aggressively churned out new bills that further strengthen the ability for workers to sue their...more

Akin Gump Strauss Hauer & Feld LLP

California Legislature Passes Landmark Worker Classification Legislation

• On September 10, 2019, the California State Legislature passed AB 5, which codifies the “ABC test” in Dynamex Ops. West Inc. v. Superior Court, 4 Cal. 5th 903 (2018), for determining whether a worker is an employee or an...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The ABC Test May Soon Be Law in California: What Employers Need to Know

On September 11, 2019, the California Assembly passed a bill codifying last year’s Supreme Court of California decision establishing a new test to determine whether a worker is an independent contractor or an employee. The...more

Fisher Phillips

Independent Contractor Rules Rewritten In California

Fisher Phillips on

The California legislature yesterday approved a controversial new law that will reshape the way businesses across the state classify workers. While supporters of the bill have emphasized its impact on independent contractors,...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Worker Classification after Dynamex, Not as Simple as ABC

In its 2018 decision in Dynamex Operations West v. Superior Court of Los Angeles County, the California Supreme Court upended decades of precedent by setting out a new, stringent, three-factor test to determine proper worker...more

Fisher Phillips

Flurry Of Recent Developments On The Dynamex Front

Fisher Phillips on

It’s been tough to keep up with developments concerning the fallout from the Dynamex case and California’s new ABC test for determining employee/independent contractor status. The past few months have seen several recent...more

Fisher Phillips

Web Exclusive: May 2019: The Top 17 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

Vedder Price

Ninth Circuit Holds ABC Test Applies Retroactively

Vedder Price on

For nearly 30 years, California businesses have used the factor-based Borello test (named after S.G. Borello & Sons, Inc. v. Dep’t of Indus. Relations, 48 Cal. 3d 341 (1989)) to determine whether workers should be classified...more

Alston & Bird

Vazquez v. Jan-Pro: A Clean Sweep for Employees?

Alston & Bird on

In the California judiciary, the present affects the past. Our Labor & Employment Group discusses why the Ninth Circuit held that the California Supreme Court’s Dynamex ruling applies retroactively....more

Seyfarth Shaw LLP

ABC Test Applies To Labor Code Claims Related to California Wage Orders

Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 3, 2019, the California Department of Industrial Relations, Division of Labor Standards Enforcement (“DLSE”) issued an opinion letter regarding the applicability of the ABC test set forth in Dynamex...more

Sheppard Mullin Richter & Hampton LLP

The Future of Independent Contractors: Ninth Circuit Applies Dynamex Retroactively and the DLSE Issues Opinion Letter Expanding...

Last year, the California Supreme Court decided Dynamex Operations West, Inc. v. Superior Court of Los Angeles, a landmark decision that dramatically increased the risk of misclassifying individuals as independent...more

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