The Implications of Dynamex Operations West v. Superior Court: California’s Adoption of the ABC Test for Purposes of the Wage Orders 

California

  Via Lexology, William Hays Weissman of Littler Mendelson PC provides an in-depth analysis of the recent California decision that adopted the ABC standard for classifying workers as independent contractors. The first prong is similar to the previous test on whether the hiring entity exercises control over the worker and the third prong is also simliar to the…

Do Gig Workers Have Any Protection From Discrimination On The Job?

Discrimination_word_cloud

  From Forbes, Eric Bachman discusses the lack of protections for gig workers in most employment laws but also offers one avenue for some protection for independent contractors under a statute passed after the Civil Wary. Eric writes:  One potential source of protection for gig workers is a law originally passed over 150 years ago in the…

NLRB to Decide if IC Misclassification is an Unfair Labor Practice

National Labor Relations Board logo

    From the April and May 2018 Independent Contractor Misclassification and Compliance News Update, Richard Reibstein, reports that the Nation Labor Relations Board (NLRB) is considering whether misclassifying workers as independent contractors violates the National Labor Relations Act. Richard writes: The NLRB has received numerous Amici Curiae (Friends of the Court) briefs regarding under what circumstances,…

Seattle Ordinance Giving Drivers Right To Collectively Bargain Not Preempted By NLRA

Seattle Washington

  From JDSupra, Howard Bloom, Rachel Muñoz, and Philip Rosen report that a 3 member panel of the 9th Circuit Court of Appeals upheld a Seattle ordinance that a law allows independent contractor drivers to organize. They write: A landmark law giving drivers of app-based transportation companies, such as Uber and Lyft, the right to collectively bargain is not…

California Employment Test Not As Easy as ABC

apple on teachers desk and abc

  From The National Law Review, Michael W. Kelly and Gary M. Gansle discuss the recent California decision that introduced a new standard — the ABC test — for independent contractors. They review each of the prongs of the ABC test and the limited guidance provided by the Court. With respect to Part B, performing work outside they usual…