California

Judges say labor laws outdated to deal with sharing economy firms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…

Los Angeles, Long Beach port truckers win major legal victory

18 wheeler

From Daily Breeze Trucking — Jordan England-Nelson writes about a Superior Court decision that found that port truck drivers should have been classified as employees instead of independent contractors.  He writes: “Judge Jay M. Bloom ruled that Pacer Cartage, a trucking company, should have given the independent drivers the same benefits and protections as employees, such…

CALIFORNIA: 5 new laws that will affect employers, workers

From the Press-Enterprise — Richard K. De Atley outlines 5 new laws that affect employers and employees in 2015.  They include Mandatory Paid Sick Leave, ‘Abusive Conduct’ Training, Discrimination Protection, Foreign Labor, and, of course, independent contractors: “INDEPENDENT CONTRACT WORKERS Law: AB 1897. Employers responsible for independent contract workers. What it says: Under some circumstances, employers…

California agencies target ‘underground economy’

construction workers

From the Contra Costa Times — California is attacking the underground economy — businesses who pay wages in cash and avoid withholding payroll taxes or paying for workers’ compensation insurance. “[E]arly this year Department of Industrial Relations director Christine Baker told the Little Hoover Commission that the state loses from $800 million and $1.2 billion…

Independent contractor versus employee under California Labor Law

business people

From Amir Kohan — “There is no set definition of the term “independent contractor” and as such, one must look to the interpretations of the courts and enforcement agencies to decide if in a particular situation a worker is an employee or independent contractor. In handling a matter where employment status is an issue, that…

Independent contractor misclassification in California now riskier

From HR.BLR.com — “the trial court applied the definitions of “employ” and “employee” in Wage Order No. 9, the Industrial Welfare Commission wage order applicable to the drivers. That wage order, like most, defines “employ” as “to engage, suffer, or permit to work.” It further defines “employer” as any person “who directly or indirectly, or…

Newspaper Carriers were Employees, Despite Independent Contractor Agreement, California Court Rules

Newspapers

From Jackson Lewis Workplace Resource Center — “Under California law, whether a worker is an employee or independent contractor depends upon whether the hiring entity retains “the right to control” the manner and means of the workers’ performance of their duties. Ayala v. Antelope Valley Newspapers, Inc., 59 Cal. 4th 522, 533 (Cal. 2014). In…

High Court Asked To Rein In 9th Circuit Court on Misclassification of Drivers

From Law 360 — “Affinity Logistics Corp. has urged the U.S. Supreme Court to review a Ninth Circuit decision that its retail store delivery drivers are not independent contractors, arguing that the appeals court ignored the district court’s detailed and reasoned fact-finding, in violation of the high court’s well-established deference standards. In its petition for…