California

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…

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…

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…

Examining the Dynamex ‘ABC Test’ by Various On-Demand Worker Types

  From JDSuipra, , Sean Kingston looks at the recent Dynamex decision in California and applies the new standard to drivers, IT workers and freelancers.  Sean writes: IT Workers Our second group, Information Technology workers, provides a clearer analysis. However, just as with delivery drivers, great variability exists in the nature of the relationship between worker…

Would These Star Wars Characters Be Contractors Or Employees Under The New “ABC” Test? 

From JDSupra, Richard Meneghello discusses the new California standard for classifying workers as employees or independent contractors and applies the standard to Star Wars characters.  Richard writes: May the 4th has become known as Star Wars Day given the movie franchise’s most famous tag line. Today provides an opportunity for us to examine a recent employment law development of massive…

The Jig Is Up: California Supreme Court Asserts New Independent Contractor Test Impacting The “Gig Economy” and Companies Engaging Independent Contractors

California

  From The National Law Review, Krista M. Cabrera, Jessica E. Joseph, John L Litchfield, and Kamran Mirrafati discuss California’s decision to adopt the ABC test for classifying workers as employees or independent contractors.  They write: Under the previously used “control-of-work-details” or “economic reality” test to determine independent contractor or employee status, courts (and hiring entities) looked to the nature…

Independent Contractor Bombshell for California Businesses: California Supreme Court Curtails the Lawful Use of ICs

  From JDSupra, Richard Reibstein discusses the California Supreme Court’s decision to adopt the “ABC” test for determining if a worker is an employee or independent contractor.  Richard writes: Earlier today, the California Supreme Court established the Golden State as one of the least hospitable jurisdictions in the nation toward independent contractor status. Abandoning its…

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…