States

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…

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…

Bill Would Protect Freelance Workers In New Jersey 

Map Of New Jersey 3d Shape

  From WBGO, Phil Gregory reports on a bill in the New Jersey legislature that would protect freelancers, along the lines of the Freelancing Isn’t Free Act (FIFA) adopted by New York City.  Phil writes: Assemblyman Andrew Zwicker says his bill would require businesses that have a written contract with a freelance worker to compensate…

San Francisco subpoenas Uber, Lyft on driver classification 

  From Reuters, Heather Somerville reports that San Francisco’s city attorney has subpoenaed records on how drivers were classified from Lyft and Uber. California’s Supreme Court recently changed the standard for determining if a worker is an employee or independent contractor and the San Francisco city attorney is looking to see if Lyft and Uber…

California Court of Appeal invalidates employee arbitration clause on basis of exemption to Federal Arbitration Act

  From Lexology, Ruth Zadikany, Grant T. Miller, and Richard E. Nowak discuss a recent California case in which the court said that a truck driver was not required to arbitrate a claim despite an arbitration agreement because the Federal Arbitration Act (FAA) excluded transportation workers. They write: In Muro v Cornerstone Staffing Solutions Inc the Fourth District…

SJC justices urge lawmakers to update independent contractor law 

Massachusetts Map

  From MassLive, Shira Schoenberg reports that Massachusetts Supreme Court Justices encouraged the legislature to clarify the state’s independent contractor laws.  Shira writes: several of the justices urged the Legislature to update the state’s independent contractor law to alleviate confusion. Chief Justice Ralph Gants, joined by two other justices in a concurring opinion, said the state laws…

Ninth Circuit Revives US Chamber’s Challenge to Seattle Ride-Hailing Union Law 

Seattle Washington

  From the Recorder, Erin Mulvaney reports that the 9th Circuit Court of Appeals said that the Seattle ordinance that allowed independent contractors to organize and unionize violated federal antitrust provisions.  Erin writes: A federal appeals court on Friday revived a challenge to a Seattle law that would allow ride-hailing drivers to unionize, sending the first-of-its-kind local ordinance…

Utah and Idaho Limit Non-Competes and Vermont and Pennsylvania Work to Ban Them 

Map of Idaho in the United States

  From JDSupra, Shawn Fabian reports on changes to non-compete laws in various states including changes to Idaho laws that allows Idaho companies to engage in non-compete agreements with key employees and key independent contractors. Typically, independent contractors are supposed to have multiple clients and by limiting an independent contractor’s ability to provide services to other clients,…