On January 25, 2019, the National Labor Relations Board (NLRB) announced it was overruling a 2014 decision that modified the test for determining if a worker was an independent contractor and adopted a test that diminished the importance of an independent contractor’s entrepreneurial opportunities. The NLRB stated: Today, the National Labor Relations Board returned to…
MBO Partners provides excellent guidance on whether independent contractors should have cyber insurance. Setting insurance requirements for independent contractors can be a tricky line to walk. On the one hand, setting the requirements too low leaves you vulnerable to damages and lawsuits. On the other hand, setting them too high can cause premiums to skyrocket,…
From the Claims Journal, Joyce Rosenberg reminds companies who use independent contractors to make sure that they are properly classified. Joyce writes: Small business owners who want to use independent contractors need to be sure these workers really aren’t employees. Federal and state government agencies are on the lookout for businesses that use independent contractors,…
From JDSupra, Jennifer Santa Maria discusses a recent case in which a California Court of Appeal said an arbitration agreement was not enforceable because it contained a waiver of California’s Private Attorneys General Act (PAGA) claims and the clause could not be severed. Jennifer writes: On appeal, the California Court of Appeal agreed with the trial court, finding…
From Lexology, Richard R. Meneghello raises questions as to whether the recent Supreme Court decision that said the Federal Arbitration Act (FAA) does not apply to transportation workers engaged in interstate commerce will apply to Uber and Lyft drivers. Richard writes: My colleagues Andy Scott and Felix Digilov reported on last week’s Supreme Court decision that rejected a trucking…
From JDSupra, Richard Reibstein discusses the recent Supreme Court Case in which the court said that the Federal Arbitration Act (FAA) does not apply to transportation workers engaged in interstate commerce and argues that the impact of this decision may be less than some commentators claim. Richard writes: Shortly after the issuance of the Supreme Court’s decision…
From Lexology, Don Willenburg discusses a recent California case in which home care workers were found to be employees. Don writes: California courts have again put their thumb on the scale on the employee side of independent contractors and employees. In Duffey v. Tender Heart Home Care Agency, the court of appeal ruled that an in-home…
From JDSupra, Linda Auerbach Allderdice, Mchael Maroney, Jameson Rice, and Lindsay Dennis Swiger discuss the Supreme Court’s decision that the Federal Arbitration Act (FAA) doesn’t apply to independent contractors in the transportation industry. They write: In New Prime, the Court was presented with two issues arising from an independent contractor agreement that contained an arbitration clause: 1) who should decide if…
From Lexology, Ariel D. Fenster, Ryan McCoy, and Esteban Shardonofsky discuss the recent Supreme Court case in which the Court said the Federal Arbitration Act (FAA) does not apply to independent contractors engaged by a transportation company. They write: Arbitration of employment claims continues to be a hot topic at the Supreme Court. In a unanimous…
In this unpublished opinion, a California appellate court said that the client of a staffing agency could enforce an agreement requiring arbitration against the employee of a temporary staffing agency. While this case cannot be cited or relied upon, the reasoning and citations are instructive: California Rules of Court, rule 8.1115(a), prohibits courts and parties…