California

California Labor Contractor and Independent Contractor Issues

From the National Law Review — “California has, for a variety of reasons, become a particularly hostile environment for alternative workforces over the past few years. The court decisions over the past year have been quite aggressive in attacking a variety of independent contractor models. As has been the case, the key items of focus…

Wage Order—Not Borello—Applies in Independent Contractor Status Test Says California Court of Appeal

From JDSupra Business Advisor — PerkinsCoie writes — “The California Court of Appeal, Second District, issued an opinion on October 15, 2014, that considered whether the definition of “employee” from the Industrial Welfare Commission Wage Order No. 9 Wage Order or the common law test found in S.G. Borello & Sons, Inc. v. Department of…

Independent contractor versus employee debate continues

From Lexology —  Amy Pierce writes “a California federal district court, in Taylor v. Shippers Transport Express, Inc., found that a class of current and former truck drivers had been misclassified as independent contractors and not employees by Shippers Transport Express, Inc. (STE). In granting the drivers’ motion for partial summary judgment, the court found that,…

Court Finds Sacramento Bee Misclassified Employees as Independent Contractors

From insurancenewsnet.com — “The Superior Court for the County of Sacramento held that the Sacramento Bee owned by the McClatchy Company misclassified its newspaper carriers as independent contractors when in fact they were employees.  This decision arose in a class action entitled Sawin v. The McClatchy Company, Case Number 34-2009-00033950.  This decision issued on September 22,…

New California Law Imposes Costly Risks to Companies Using Independent Contractors Supplied by Staffing and Recruiting Firms – But Risks Can Be Minimized

From Independent Contractor Compliance and Misclassification Legal Blog — “On September 28, 2014, Governor Jerry Brown of California signed a bill that puts a potentially enormous liability risk on companies that use workers supplied by “labor contractors” that fail to pay all wages due the workers. Assembly Bill 1897 requires client employers to “share with a labor contractor…

California Supreme Court Holds Independent Contractor Misclassification Claims Can Be Determined by Common Proof – But Only in Certain Circumstances

From  Littler Mendelson — [note:  this is the best article I’ve seen on the Ayala v. Antelope Valley Newspapers, Inc. case.] “California Businesses Retaining Contractors Can Reduce Their Exposure For other class actions in the pipeline or yet to be brought, plaintiffs’ counsel no doubt will argue that the California Supreme Court decision supports class certification, at…

California Court of Appeal Enforces Contractor’s Agreement to Arbitrate Misclassification Claims Out of State

From the National Law Review — “This case is important for two reasons:  (1) the court upheld an arbitration agreement between a Seattle-based company and a California plaintiff challenging his status (and that of the putative class) as an independent contractor (v. employee), even though the agreement provided for the application of Washington law and…

Nailing Down Independent Contractor Status

From HG.org — Erin Mindoro provides an excellent review of the Happy Nails and other independent contractor cases — Happy Nails & Spa of Fashion Valley v. Su, 217 Cal.App.4th 1459 (2013), order not to publish at 2013 Cal LEXIS 9473, Dalton v. Lee Publication, Inc., 2013 U.S. Dist. LEXIS 71291 (S.D. Cal. 2013), Scantland v. Jeffrey Knight,…