News & Analysis as of

Misclassification

Jackson Lewis P.C.

California’s “ABC” Test For Independent Contractor Analysis To Be Applied Retroactively

by Jackson Lewis P.C. on

California employers were dealt another setback in the responding to claims of misclassification of independent contractor status for violations of the Industrial Welfare Commission Wage Order (“IWC Wage Orders”). Noting...more

Payne & Fears

Ninth Circuit Holds That the Dynamex ABC Test Applies Retroactively

by Payne & Fears on

The Ninth Circuit Court of Appeals, in Vazquez v. Jan-Pro Franchising Int'l, No. 17-16096 (9th Cir. May 2, 2019), has held that the California Supreme Court's landmark decision in Dynamex Operations West, Inc. v. Superior...more

BakerHostetler

Ninth Circuit Ruling Means California's Dynamex Independent Contractor Test Must Now Be Applied Retroactively Before April 30,...

by BakerHostetler on

On May 2, the Ninth Circuit expanded the application of the “ABC” test, adopted by the Supreme Court of California in Dynamex Ops. W. Inc. v. Superior Court....more

Mitchell Silberberg & Knupp LLP

Dynamex Goes Back in Time

Why This Matters - On Thursday, May 2, in Vazquez v. Jan-Pro Franchising International, Inc., a three-judge panel of the Ninth Circuit Court of Appeals held that the California Supreme Court’s ruling in Dynamex Operations...more

Faegre Baker Daniels

Ninth Circuit Bolsters Franchisee Wage Misclassification Claims Against Franchisors

by Faegre Baker Daniels on

On May 2, 2019, the Ninth Circuit issued a ruling that has wide implications for California franchisors who rely on independent contractor relationships. In a unanimous decision, the Ninth Circuit held that the more rigid ABC...more

Holland & Knight LLP

DOL Issues Guidance on Independent Contractors in the "Gig Economy"

by Holland & Knight LLP on

• The U.S. Department of Labor (DOL) has issued an opinion letter on when workers in a gig economy are contractors or employees. • The analysis turns on the economic reality of the relationship between the service provider...more

Proskauer - California Employment Law

9th Circuit Applies Strict Independent Contractor Test, Dynamex, Retroactively

Last year, we questioned whether California’s new restrictions on independent contractors would apply retroactively. Yesterday, the Ninth Circuit decided that the landmark ruling in Dynamex Operations West, Inc. v. Superior...more

McNees Wallace & Nurick LLC

DOL Weighs in on Independent Contractors in the Gig Economy

The issue of independent contractors and employment status continues to vex employers and present substantial liability risks. The employment laws generally cover only employees, not independent contractors. ...more

Holland & Knight LLP

Ninth Circuit: Dynamex "ABC" Test Unquestionably Applies Retroactively

by Holland & Knight LLP on

A panel of the U.S. Court of Appeals for the Ninth Circuit issued its decision in Vazquez et al. v. Jan-Pro Franchising Int'l., Inc., No. 17-16096 (Jan-Pro) on May 2, 2019, holding that the recently adopted, three-pronged...more

Littler

DOL Weighs in on Whether Gig Economy Workers are Employees or Independent Contractors

by Littler on

The United States Department of Labor has provided good news for gig economy employers, telling one unidentified “virtual marketplace” employer that its service providers are properly classified as independent contractors....more

Constangy, Brooks, Smith & Prophete, LLP

CA Independent Contractor Decision Applies Retroactively

So says the U.S. Court of Appeals for the Ninth Circuit. When a court issues a new rule regarding how to determine whether a worker is an "employee" or an "independent contractor," does the new rule apply only to employer...more

Fisher Phillips

In Big Loss For Gig Companies, 9th Circuit Says Dynamex And ABC Test Should Be Applied Retroactively

by Fisher Phillips on

There’s no way to sugarcoat this one. Yesterday the 9th Circuit handed a big loss to gig economy companies by concluding that last year’s Dynamex decision from the California Supreme Court and its wide-reaching ABC test...more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit: Dynamex Decision On Independent Contractor vs. Employee Applies Retroactively

• In Vazquez v. Jan-Pro Franchising Int’l, Inc., the 9th Circuit held that a landmark California Supreme Court decision regarding independent contractors and employees applies retroactively. • The 9th Circuit held that the...more

Cozen O'Connor

DOL Shares Its Views on Independent Contractors in the Gig Economy

by Cozen O'Connor on

The Wage and Hour Division of the U.S. Department of Labor released this week its first opinion letter under the Trump administration on the subject of the classification of independent contractors under the Fair Labor...more

Ballard Spahr LLP

DOL Issues Opinion Letter That May Provide Guidance on Independent Contractors in the Gig Economy

by Ballard Spahr LLP on

The Department of Labor (DOL) issued an opinion letter on April 29, 2019 that provides guidance for gig economy companies on when workers can properly be classified as independent contractors not subject to the minimum wage...more

Fisher Phillips

Differentiations Within The Gig Economy – USDOL's Take On Independent Contractors

by Fisher Phillips on

The U.S. Department of Labor issued an opinion letter this week confirming that certain service providers referred through a virtual marketplace company are, indeed, independent contractors for purposes of the federal Fair...more

Davis Wright Tremaine LLP

The Legal Pitfalls of Using “Freelancers” In The Entertainment Industry After The Dynamex Decision

by Davis Wright Tremaine LLP on

The entertainment industry has long relied on temporary workers classified as independent contractors to provide flexibility in accommodating the project-by-project nature of the industry....more

Fisher Phillips

Department Of Labor Says Certain Gig Workers Are Contractors

by Fisher Phillips on

In a major positive development for gig economy businesses, the U.S. Department of Labor issued an opinion letter yesterday confirming that certain workers providing work for a virtual marketplace company are, indeed,...more

Foley & Lardner LLP

DOL Issues Opinion Letter Clarifying Employment Status in Gig Economy

by Foley & Lardner LLP on

On April 29, 2019, the Department of Labor issued an opinion letter FLSA2019-6. In fall 2018, several employer groups sought clarification from the DOL on worker classification as employees versus independent contractors. In...more

FordHarrison

DOL Provides Roadmap to Avoid Misclassification of Gig Workers

by FordHarrison on

On April 29, 2019, the United States Department of Labor (DOL) released a new opinion letter, FLSA2019-6, examining whether service providers for a virtual marketplace company (VMC) are employees or independent contractors....more

Locke Lord LLP

Is There Anything New or Dramatically Different in the Labor Department’s Opinion Letter on Independent Contractor Status?

by Locke Lord LLP on

Earlier today, the U.S. Department of Labor issued an Opinion Letter on the issue of independent contractor status of an on-demand virtual marketplace company (VMC) that refers end-market consumers to service providers who...more

Littler

What New Employment Laws Were Enacted in Arkansas?

by Littler on

The 2019 session was a busy one for the Arkansas General Assembly, as the state enacted at least nine labor and employment-related measures in its recently concluded legislative session....more

Cozen O'Connor

The State AG Report Weekly Update April 2019 #4

by Cozen O'Connor on

Consumer Financial Protection Bureau- CFPB Changes Policies Regarding Civil Investigative Demands- The Consumer Financial Protection Bureau (“CFPB”) announced changes to its policies regarding civil investigative demands...more

Varnum LLP

Avoiding Misclassification of Workers: Independent Contractor or Employee

by Varnum LLP on

If you are a business owner, the proper identification of worker status is critical. The IRS and the Department of Labor routinely investigate to determine whether businesses are properly classifying their workers as...more

Littler

New Wisconsin Governor Launches Worker Misclassification Enforcement Effort

by Littler on

Within his first few months of taking office, Wisconsin Governor Tony Evers has signaled a strong and clear focus on employers that have misclassified workers as independent contractors....more

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