California

California Gig Economy Employers Should Approach the Department of Labor’s Recent Opinion Letter With Caution 

eal_of_the_United_States_Department_of_Labor

From JDSupra, Raymond Nhan and Rod Sorensen recommend that employers should not rely too heavily on the United States Department of Labor’s Opinion Letter which said that workers engaged through an online platform were independent contractors. Raymond and Rod write: First, the Opinion Letter is not binding on any court.  Rather, the Opinion Letter only…

Ninth Circuit Concludes That New California “ABC” Independent Contractor Test Applies Retroactively

California

From The National Law Review, Michael S. Kun discusses a recent case in which the Ninth Circuit Court of Appeals said that California’s Dynamex decision adopting the ABC test for determining if workers were employees or independent contractors applied retroactively. Michael writes: The Ninth Circuit has now addressed that issue and has concluded that Dynamex in fact…

Concern Grows in California for Travel Agent Independent Contractor Status

Travel Agency

From TravelMarket, Richard D’Ambrosio discusses concerns about whether travel agents in California will continue to be independent contractors. Richard writes:  The California Coalition of Travel Organizations [CCTO] has issued a “call to action,” urging California travel agencies, tour operators and independent agents to contact their state senators and assembly members to resist calls for new…

California Appellate Courts Diverge on Arbitration Agreements 

California

From JDSupra, Michelle Roberts Gonzales and Tao Leung discuss two cases involving arbitration clauses in California. In the first case, the court enforced the arbitration clause because the employee’s continuing employment amounted to acceptance of the agreement. In the second case, the court did not enforce the agreement because of deficiencies in the terms of the…

California Port Truck Drivers Awarded Over $1.2 Million for Wage Theft | Teamsters

truck on highway

Teamsters.org reports that California truck drivers were awared $1.2 Ten California port truck drivers who haul cargo for Best Buy, Puma and Lowe’s have been awarded more than $1.2 million by the California Labor Commissioner for wage theft due to misclassification as independent contractors. The decision orders K&R Transportation, which was purchased by NFI Industries in…

Assembly Bill Codifying Dynamex Moves Forward, With Notable Exemptions

Golden gate bridge california

From JDSupra, Hazel Poei and Benjamin Tulis report on the progress of California Assembly Bill 5 which would turn the ABC standard adopted by the California Supreme Court last year into law. Hazel and Benjamin write: On March 26, 2019, proposed Assembly Bill 5, which would codify the California Supreme Court’s controversial Dynamex decision, was amended to…

California Employees Cannot be Compelled to Arbitrate PAGA Claim Without the Government’s Consent

California

From The National Law Review, Emilia A. Arutunian discusses a recent case in which the court said that a party could not be compelled to arbitrate California’s Private Attorney General Act (PAGA) claims without the government’s consent. Emilia writes: The trial court granted the arbitration petition on all causes of action except for the PAGA…

Are you an employee or a contractor? Carpenters, strippers and dog walkers now face that question 

Dog Walker

From the Los Angeles Times, Margot Roosevelt wrote an outstanding article describing many of the challenges of the gig economy and independent contractor classification. Margot writes:  When Kristyn Hansen first took a job at Stews Barber Shop, she cut hair nine hours a day, three days a week. She earned no overtime pay, had no mandated…

Exotic dancers rally against local lawmaker over workers rights

From ABC 10 San Diego News, Mackenzie Maynard reports on protests by exotic dancers against the ABC standard adopted by the California Supreme Court and included in a bill by Assemblywoman Lorena Gonzalez. Mackenzie reports: SAN DIEGO (KGTV)- It was a battle over workers rights at a rally downtown Thursday. Assemblywoman Lorena Gonzalez directly addressing…

California Court Invalidates Arbitration Agreement With PAGA Waiver 

California

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…