From FreightWaves, Chad Prevost discusses changes to the regulations issued by the New Jersey Department of Labor and Workforce that mean that owner-operators must satisfy the ABC test instead of the common law test to be exempt from New Jersey unemployment taxes. Chad writes: Yesterday, the New Jersey Department of Labor and Workforce Development published notice…
From Dealer Marketing, Lariza Hebert and Stephen J. Roppolo discuss a case in Texas in which a driver for a automobile dealershi was found to be an independent contractors. Lariza and Stephnen write: Dealer-trade drivers may be independent contractors—in certain circumstances Smaller dealerships in rural areas often utilize contract dealer-trade drivers. Drivers are often retired individuals…
From the Sacramento Bee, Benjy Egel writes about a barbershop where barbers quit rather than be reclassified as employees following the California Supreme Court decision. Benjy writes: Three customers sat on Bottle & Barlow’s patio Wednesday afternoon, sipping cocktails and soaking up the last bits of summer sun. That was a crowd compared to the scene…
From Business Insurance, Louise Esola reports that Alaska Governor Bill Walker signed workers compensation legislation that provides a new definition of “independent contractor.” Louise writes; Alaska Gov. Bill Walker on Friday signed into law a bill that aims to reduce administrative costs in the workers compensation system and provide a clear definition of independent contractor,…
From JDSupra, Joseph Persoff discusses a pending case that may decide whether workers who spend 10-20 percent of their time working in California and the remainder of their time working in other states are subject to California labor laws. This is particularly important for independent contractors who may work 90% of their time in a different…
From The Legal Intelligencer, Victoria Hudgins reports on a Pennsylvania state representative’s efforts to increase the penalties for misclassifying workers. The construction industry is frequently the target of government efforts to find and punish companies that misclassify workers. Victoria writes: A state representative seeks to increase the penalties for misclassifying construction employees as independent contractors.“Intentional…
From JD Supra, Richard Meneghello reports that it is unlikely that the California legislature will address the California Supreme Court’s decision to change the standard for classifying workers as employees or independent contractors. Richard writes: As we described earlier this summer, the California Chamber of Commerce and a coalition of dozens of businesses and business advocacy…
From CalChamber Alert,, Jennifer Barrera discusses on the California Chamber of Commerce’s position on the recent California Supreme Court case that set forth the new standard for independent contractor classification. Jennifer reports: During an interview with KPCC radio this week, Jennifer Barrera, senior vice president of policy for the California Chamber of Commerce, highlighted the urgent need…
From Lexology, Manatt Phelps & Phillips LLP provide an excellent discussion of a recent case in which a court said an arbitration agreement was unenforceable because of differences in the language in the English and Spanish versions. This is one of several cases where courts do not enforce arbitration agreements if the employers behave badly. Why…
From The State. the Associated Press reports that the governor of Virginia formed a task form to address the misclassification of workers. It reports: Gov. Ralph Northam has signed an executive order establishing a task force to come up with a plan to prevent worker misclassification and payroll fraud. The state estimates that the…