California

Flurry Of Recent Developments On The Dynamex Front

California

From JDSupra, Benjamin Ebbink reports on recent developments relating to California Supreme Court’s decision in Dynamex including that “the  Division of Labor Standards Enforcement (DLSE) issued an opinion letter that concluded the ABC test applies both to IWC Wage Order Claims and certain Labor Code provisions that enforce Wage Order requirements.” In addition, Benjamin discusses the progress in the…

IC miclassification: California bill advances; New Jersey releases report, signs tri-state agreement

California

Staffing Industry Analysts (SIA) reports that a bill to codify the ABC test for classifying workers has been approved by a Senate committee and moved towards enactment: In California, the Senate’s Labor, Public Employment and Retirement Committee approved a bill that codifies the 2018 “Dynamex” decision by California’s Supreme Court to adopt the stricter “ABC test” for…

Ninth Circuit upholds arbitration provision testing the “outer limits” of what constitutes an enforceable arbitration agreement 

From JDSupra, James Bogan III discusses a recent case with the “outer limits” of what is a reasonably conspicuous agreement but in which the court enforced the arbitration agreement. James writes: Adhesion contracts are ubiquitous in modern internet commerce, and the rules of contract formation are generally the same for paper and on-line contracts.  Parties…

Phlebotomists Settle Misclassification Case

From JDSupra, Richard Reibstein discusses a recent case in which phlebotomists settled a claim alleging that they were misclassified as independent contractors. Richard writes: MEDICAL COMPANIES SETTLE PHLEBOTOMISTS’ IC MISCLASSIFICATION CLASS ACTION.  A California federal court has given preliminarily approval to a $700,000 class action settlement between group of 118 phlebotomists and three medical companies…

California Appeals Court Finds Arbitration Agreement with Independent Contractor Unenforceable

arbitration definition

From JDSupra, Richard Reibstein discusses a recent case in California in which an arbitration agreement was unconscionable and unenforceable in part because the agreement did not specify the rules, attach a copy of the rules and the worker had to pay his own fees. Richard writes: CALIFORNIA APPEALS COURT FINDS ARBITRATION AGREEMENT WITH INDEPENDENT CONTRACTOR…

Ninth Circuit “Cleans House” In Vazquez v. Jan-Pro Decision By Holding ABC Test Applies Retroactively And Opining On Its Effect On Franchisors

California

From Mondaq,  Christopher Wilkinson, Alexandra Stathopoulos and Carolina Garcia discuss a recent case in which the Ninth Circuit Court of Appeals said that the ABC test adopted by the California Supreme Court in Dynamex applied retroactively. They note that the court discussed prong B of the ABC test and suggested that the franchisees did not meet prong B.…

Gig economy: California bill granting employee status passes assembly

California

From The Guardian, Kari Paul reports that the California assembly passed a bill that would formalize the California Supreme Court’s adoption of the ABC test for classifying workers as employees or independent contractors. Kari writes: The state assembly in California passed legislation on Wednesday that would require employers to recognize hundreds of thousands of gig workers as…

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…