I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti on Meal and Rest Breaks
With $3 million in funding from A.B. 102, California’s recent appropriations bill, the Industrial Welfare Commission (IWC), the administrative body charged by statute to regulate wages, hours, and working conditions, will...more
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
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
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
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
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
California Governor Gavin Newsom has signed AB 5, and the new law will take effect January 1, 2020. As discussed in our September 13 Alert, AB 5 codifies the existing “ABC Test” that was set forth by the California Supreme...more
On September 18, Governor Gavin Newsom signed AB 5, a bill dealing with the classification of workers as employees or independent contractors. It will probably come as no surprise that the bill intended to make it more likely...more
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
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
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
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
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
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
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
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
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
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
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
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
• 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
As we have covered extensively, the California Supreme Court dropped a proverbial bomb earlier this year in the Dynamex case when it adopted a new legal standard known as the “ABC Test,” making it much more difficult for...more
In Jesus Cuitlahuac Garcia v. Border Transportation Group, LLC, et al, the California Court of Appeal, Fourth Appellate District has held that the ABC test set forth in Dynamex Operations West, Inc. v. Superior Court, 4...more
The “ABC test” recently adopted by the California Supreme Court in the Dynamex Operations West, Inc. v. Superior Court case is now touted as the best way to make the distinction between an “exploited employee” and an...more