From the Daily Bulletin, Gene Wunderlich joins others in calling on the California legislature to modify the California Supreme Court’s decision adopting the ABC test for classifying workers as independent contractors. Gene writes: Reclassification will derail the hopes and plans of roughly 79 percent of independent contractors who prefer it over traditional employment, according to the…
From JDSupra, Robert Cooper and Carol Lucas discuss the Dynamex decision and the effect of the ABC test on the classification of physicians in California. Robert and Carol write: However, misclassification itself is not a violation; failure to pay a misclassified employee what he or she should have been paid is the violation. If a re-classified employee would be…
From The National Law Review, Kevin Sullivan reports on a recent California case in which the court said that the new ABC test recently adopted by the California Supreme Court only applies to cases in which a violation of a wage order is alleged. This means that claims that a worker was misclassified could be determined by…
From the Sacramento Bee, Benjy Egel writes about a barbershop where barbers quit rather than be reclassified as employees following the California Supreme Court decision. Benjy writes: Three customers sat on Bottle & Barlow’s patio Wednesday afternoon, sipping cocktails and soaking up the last bits of summer sun. That was a crowd compared to the scene…
From JDSupra, Joseph Persoff discusses a pending case that may decide whether workers who spend 10-20 percent of their time working in California and the remainder of their time working in other states are subject to California labor laws. This is particularly important for independent contractors who may work 90% of their time in a different…
From JD Supra, Richard Meneghello reports that it is unlikely that the California legislature will address the California Supreme Court’s decision to change the standard for classifying workers as employees or independent contractors. Richard writes: As we described earlier this summer, the California Chamber of Commerce and a coalition of dozens of businesses and business advocacy…
From CalChamber Alert,, Jennifer Barrera discusses on the California Chamber of Commerce’s position on the recent California Supreme Court case that set forth the new standard for independent contractor classification. Jennifer reports: During an interview with KPCC radio this week, Jennifer Barrera, senior vice president of policy for the California Chamber of Commerce, highlighted the urgent need…
From Lexology, Manatt Phelps & Phillips LLP provide an excellent discussion of a recent case in which a court said an arbitration agreement was unenforceable because of differences in the language in the English and Spanish versions. This is one of several cases where courts do not enforce arbitration agreements if the employers behave badly. Why…
From Capital Public Radio, Ben Adler reports that the California legislature will not address the new ABC standard for classifying workers adopted by the California Supreme Court despite requests from businesses who engage with independent contractors. Ben writes: Businesses that rely on the “gig economy” have been urging state lawmakers to overturn a California Supreme Court…
From Fox & Hounds, Chris Micheli argues that the California legislature should define the standard for classifying a worker as an employee or independent contractor and not the California Supreme Court. Chris writes: With such a seismic shift in California’s employment law, it is the elected branch of government that should utilize the legislative process to…