California

Associate Dentist and Dental Hygienist: Employee or independent contractor?

    The California Dental Association (CDA) offers guidance on the classification of associates and dental hygienists in a dental practice.  It states: It’s not uncommon for Practice Support to receive questions regarding the classification of registered dental hygienists. When considering an employment status for an RDH, generally this individual worker would not meet the…

Proposed California Law Would Establish Portable Benefits For Gig Companies And Address Misclassification Issue 

California

  From JDSupra, Benjamin Ebbink discusses proposed legislation in California that would create portable benefits for gig workers. Benjamin writes: As we have previously discussed, one of the hottest gig economy issues to dominate political and public policy debate has been “portable” benefits – the concept that gig economy workers should have flexible, portable benefits that they…

California Federal Court Finds That “Gig Economy” Workers Are Independent Contractors, Not Employees

California

  From the National Law Review, Daniel B. Pasternak discusses the recent decision in the Grubhub cases in which the driver was found to be an independent contractor and the potential for a new standard for classifying workers in a case currently before the California Supreme Court.  Daniel writes: In this case, the judge ruled for Grubhub…

California Supreme Court Weighing Crucial Gig Economy Misclassification Standard

California

  From JDSupra, Fisher Phillips discusses the oral arguments in a case before the California Supreme Court that focused on the criteria for determining whether a worker was an employee or independent contractor.  They write: The case is Dynamex Operations West, Inc. v. Superior Court of Los Angeles County, and it’s a fairly standard misclassification case.…

California Appellate Court Holds Employee’s Dismissal Of Individual Labor Claims Precludes PAGA Standing

California

  From JDSupra, Jon Michaelson discusses a recent case in which a Private Attorneys General Act (PAGA) claim was dismissed after the parties settled the other claims through arbitration. It may lead to negotiated settlements during the arbitration process that includes all claims. Jon discusses the recent case: A recent decision by California’s Second District Court…

The Allegation Of Non-Arbitrable Private Attorney General Claims Does Not Prevent Arbitration Of Individual Claims Raised Simultaneously

California

From JDSupra, Benjamin Stearns discusses a recent case in which the 9th Circuit Court of Appeals said that arbitration could be compelled on all claims except California’s Private Attorneys General Act (PAGA) claims.  Benjamin writes: A contractual arbitration clause may not be avoided by the allegation of “private attorney general” claims that are not arbitrable on public…

California To Hold Direct Contractors Jointly Liable For Subcontractor’s Unpaid Wages And Fringe Benefits

California

From JDSupra, Cary Palmer and Sierra Vierra discuss legislation that becomes effective January 1, 2018 that holds general contractor’s liable for subcontractor’s unpaid wages.  This may mean that general contractors would be liable for unpaid wages to workers who were misclassified as independent contractors also.  Cary and Sierra write: Beginning with contracts entered into on or after January 1,…

California Employers Should Remain Cautious when Classifying their Workforce, Notwithstanding More Lenient Federal Policies

California

  From JDSupra, Dustin Carlton warns that California companies should still be vigilant about classifying workers as independent contractors even through the Trump administration has taken a more company-friendly approach.  Dustin writes: Although the Trump administration rescinded its guidance on worker misclassification earlier this year and appears to have otherwise taken a “softer approach” to…

Beware Of Independent Contractor Agreements With “Work Made For Hire” Language

intellectual property word cloud

From JDSupra, Nancy Yaffe discusses the risks of using the phrase “work made for hire” in California independent contractor agreements.  Nancy writes: In recent years, California and federal agencies have highly scrutinized independent contractor status.  While that scrutiny may be abating somewhat on the federal level, it is still alive and well in our golden state.  In fact, the issue…

California Class Action Wage and Hour Lawsuit Alleges Contractor Misclassification

Oil and gas plant

  From Top Class Actions, Amanda Antell discusses that an electrical construction technical representative alleges he was misclassified as an independent contractor.  Amanda writes: Michael says he worked as an Electrical Construction Technical Representative for CRC, providing customers with mechanical, electrical and instrument design and support. At all times relevant, Michael worked exclusively for California…