New Jersey Bill Would Codify a Stricter Version of ABC Test for Determining Independent Contractor Status 

Map Of New Jersey 3d Shape

From JDSupra, James Hays, Sean Kirby and Myles Moran discuss a bill in New Jersey that would adopt the Massachusetts/California version of the ABC test for determining if a worker is an employee or independent contractor. James, Sean and Myles write: On November 7th a bill was introduced in the New Jersey legislature that would, like…

California Court of Appeal Determines Customer of Staffing Agency Is Employer Because of Direction and Control 

California

From JDSupra, Eric Witt discusses a case in which the client of a staffing was found to be an employer under California’s Fair Employment and Housing Act (FEHA). Eric writes: In Jimenez v. U.S. Continental Marketing, Inc., the California Court of Appeal addressed whether the plaintiff and appellant, Elvia Velasco Jimenez, was an “employee” of…

California Businesses: Remember to Choose Labor Contractors Wisely 

From JDSupra, Maria Arakelian, Aaron Colby and Janet Grumer discuss a recent case in which Trader Joe’s and the firm that supplier workers to Trader’s Joe’s were both liable for unpaid overtime and recommend companies choose any intermediaries wisely. Maria, Aaron and Janet write: On November 5, 2019, the California Labor Commissioner cited Inventory Professionals…

Proposed Law Would Protect Independent Contractors From Employment Discrimination And Wage Theft

From Forbes, Patricia Barnes reports on a bill in Congress that would extend employment discrimination protections to independent contractors. It is noteworthy for protecting independent contractors from employment discrimination even if it is unlikely to pass. Patricia writes: U.S. Rep. Eleanor Holmes Norton, D-D.C., has introduced a bill in the U.S Congress that would amend…

Dental Claims Reviewers Settle Misclassification Suit for $3.4 million

From JDSupra, Richard Reibstein reports on the settlement of a class action lawsuit alleging that dental claims reviewers were misclassified as independent contractors. Richard writes: Dental consultants including dentists and hygienists engaged to evaluate dental insurance claims have reached a proposed $3.4 million settlement of proposed class and collective action alleging wage and hour violations…