California

CA Supreme Court Continues Its Assault On Arbitration Agreements

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From JDSupra, David Faustman discusses a recent case in which the California Supreme Court did not enforce an arbitration agreement because its was unconscionable. David writes: In One Toyota of Oakland v. Kho (“OTO”), the California Court struck down an arbitration agreement as “unconscionable,” and allowed an employee to proceed with administrative proceedings before the Labor Commissioner in…

How to Operate in California with Independent Contractors After AB5 Bill Is Signed Into Law

California

From JDSupra, Richard Reibstein provides an excellent summary of Assembly Bill 5, the bill that incorporates the ABC test into law. Richard writes: The latest version of Assembly Bill 5, which codifies the California Supreme Court’s Dynamex decision that was issued in April 2018, is about to become law.  Dynamex created a so-called ABC test requiring companies to satisfy…

California’s AB5: A Bill Adopting the ABC Test for Classifying Workers as Independent Contractors (with exceptions)

California

Last year, in  Dynamex Operations West Inc. v. The Superior Court of Los Angeles County, Charles Lee et al, Case No. S222732, the California Supreme Court adopted a new standard — the ABC test — for determining if a workers is an employee or independent contractor. The Court said: Under this test, a worker is properly considered…

AB5, based on California’s Dynamex court decision, moves one step closer to law 

California

From the Los Angeles Times, Margot Roosevelt, Liam Dillon, and Johana Bhuiyan  report that the California bill that adopts the ABC test for classifying workers is moving towards passage in the California Assembly. They write: A measure to curb the widespread use of independent contractors across the California economy moved closer to final passage in…

Uber and Lyft Pledge to Support California Ballot Initiative to Keep Drivers as Independent Contractors 

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From CNBC, Salvador Rodriguez reports that Uber and Lyft are pledging millions of dollars to support a ballot initiative that will allow their drivers to be classified as independent contractors. Salvador writes: Uber and Lyft on Thursday pledged $60 million to a California ballot initiative for the 2020 election that would maintain the status of…

EXCLUSIVE: Kamala Harris Is Backing a Bill Giving Uber, Lyft, Postmates Workers New Rights 

From Vice, Cameron Joseph reports that Senator Kamala Harris supports AB5, the California bill that adopts the ABC test for classifying workers as employees or independent contractors. Cameron writes: Kamala Harris is backing a landmark California labor bill that could upend the gig economy and hand workers significantly more rights, a stand that’s at odds…

AB 5 will end shameful exploitation of gig economy workers

From the Sacramento Bee, Senator Elizabeth Warren supports AB5, the California bill that will adopt the ABC test for classifying workers as independent contractors. Senator Warren writes: From children working in coal mines to women locked inside dangerous factories to migrant farmworkers laboring under inhumane conditions, American history is full of shameful examples where powerful…

Companies Remain In Suspense On AB 5 Independent Contractor Bill 

California

From JDSupra, Kristina Launey and Eric Lloyd provide an update on California’s AB5 Bill that adopts the ABC test for classifying workers as independent contractors. Kristina and Eric write: Seyfarth Synopsis: The hotly contested AB 5 was put on hold, but is widely expected to be revived before the end of the legislative session. On August…

AB 5: The Great California Employment Experiment—A Littler Workplace Policy Institute Report 

California

From JDSupra, Sophia Behnia, Jacqueline Kalk, Michael Lotito, Alexander MacDonald, Tammy McCutchen, and Stephen Melnick prepared a thorough report that has everything you want to know about Dynamex, the ABC test and AB5, the bill in the California legislature that adopts the ABC test to classify workers as employees or independent contractors. They provide an…

‘Similar to Lyft or Uber’: California Judge Rules Interpreters Are Not Employees in IU Case

From Slator, Marion Marking reports that the interpreters were found to be independent contractors in California. Marion writes: The California Unemployment Insurance Appeals Board (CUIAB), in a decision released on July 12, 2019, ruled that “interpreters are deemed to be contractors and not employees” in the case of San Diego-based language service provider (LSP) Interpreters…