California

Class action lessons from Lyft

Lyft logo

From Lexology, Scott P. Jang from Jackson Lewis discusses some of the lessons from the recent decisions regarding Uber and Lyft in California.  Scott describes the standard in California and offers recommendations for companies who wish to engage with independent contractors.  Scott writes: “In California, the distinction between an employee and an independent contractor depends…

Employee or Independent Contractor: A Distinction That Makes a Difference

man in business suit

JusticeNewsFlash.com shares a press release about a Google Hangout hosted by Eric Grover of Keller Grover LLP.  The release discusses the importance of properly classifying workers as employees or independent contractors and the factors involved in making the classification.  It states: “In determining employee from independent contractor, a primary consideration is whether the work involved is…

California contractor convicted of worker’s comp fraud

Roofers

From the Reporter, the Woodland Daily Democrat staff reported that a contractor was convicted of worker’s compensation fraud.  One of the risks of misclassifying workers as independent contractors is that independent contractors are not covered by workers compensation insurance.  In this case, the contractor misclassified a worker as an independent contractor and did not have…

Motor Carriers Are Liable For Injuries to Drivers of Leased Vehicles Who Are Classified As Independent Contractors

Truck on highway in Utah

From JDSupra, Karen L. Moore of Low, Ball & Lynch writes a recent decision that held that someone who hires an independent contractor may be liable for the negligence of the independent contractor.  The general rule is that someone is not liable for the acts of an independent contractor.  The exception to this rule occurs when…

Who’s an Independent Contractor in the New Economy?

woman typing at laptop

From JDSupra, Julie Brook discusses the standard for determining if a worker is an employee or independent contractor in California in light of the upcoming decisions in the Lyft and Uber cases.  She writes: “When determining whether someone is an independent contractor or an employee, California’s common law control test is substantially identical to the federal common…

Work Made For Hire Clauses in Contractor Agreements – Are You Really Getting What You Bargained For?

sign a contract

From WITI, Erica Bristol discusses the issues of having a “work made for hire” clause in a contract with an independent contractor.  While seemingly protecting a company’s intellectual property, the “work made for hire” clause may turn an independent contractor into an employee.  She writes: “”Work Made For Hire” is a concept found in Section…

Judges say labor laws outdated to deal with sharing economy firms

courtroom

From RStreet, R.J. Lehmann discusses the recent California court cases alleging that the drivers for Lyft and Uber are not independent contractors but were actually employees. R.J. reviewed the recent rulings by the judges in those cases and reports that the judges found that a jury needed to resolve the issues.  R.J. shared excepts from both…

California Government Worker Seeks Class-Action Status in Overtime Pay Lawsuit

investigator

From LawyersandSettlements.com — Gordon Gibb writes about  Richard Smith v. KeyPoint Government Solutions, Inc., Case No. 3:15-cv-00429, in the US District Court for the Northern District of California in which a worker was initially classified as an independent contractor and then re-classified as an employee.  He writes: “The plaintiff in the unpaid overtime lawsuit is Richard Smith, an investigator…