California

California Court Of Appeal Clarifies Application Of The ABC Test For Independent Contractors 

California

  From Mondaq, Thalia S. Rofos and William C. Sung discuss the recent case which limited the application of the stringent ABC test for classifying workers in California to non-wage order claims. Thalia and William write: In Garcia v. Border Transportation Group, LLP, the California Court of Appeal clarified that the ABC Test only replaced theBorello Test as applied to wage and…

CTA sues California over employee vs. independent contractor

obson-hatsukami-morgan-134764-unsplash truck Indio California

  From the Common Carrier Journal (CCJ), Jill Dunn reports that the California Trucking Association has filed a lawsuit contesting the the application of the ABC test which was recently adopted by the California Supreme Court. Jill writes: The California Trucking Association and two owner-operators are suing California over the state’s enforcement of its recently adopted test…

Misguided court ruling will devastate California’s economy unless legislators step in 

California

  From the Daily Bulletin, Gene Wunderlich joins others in calling on the California legislature to modify the California Supreme Court’s decision adopting the ABC test for classifying workers as independent contractors. Gene writes: Reclassification will derail the hopes and plans of roughly 79 percent of independent contractors who prefer it over traditional employment, according to the…

DYNAMEX UPDATE: Are There Still Independent Contractors in California? 

Optimized-ani-kolleshi-unsplash Doctor

From JDSupra, Robert Cooper and Carol Lucas discuss the Dynamex decision and the effect of the ABC test on the classification of physicians in California. Robert and Carol write: However, misclassification itself is not a violation; failure to pay a misclassified employee what he or she should have been paid is the violation. If a re-classified employee would be…

Barbers quit over state ruling on independent contractors 

Barbershop

  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…

The California Supreme Court To Decide Whether California’s Labor Laws Apply To Employees Who Work Only Partially In California 

California

  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…

No Relief In Sight For California Employers Dealing With The Notorious ABC Test 

  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…

Independent Contractor Test: Legislature Should Act 

California

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…