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…
From PR Newswire, a report of misclassification of workers in a nail salon in California. OAKLAND, Calif., July 30, 2018 /PRNewswire/ — The Labor Commissioner’s Office issued more than $1.2 million in wage theft citations to a Temecula nail salon for misclassifying and failing to properly pay 36 workers. An investigation found that the workers…
From the Gig Employer Blog, Richard Mengeghello discusses the recent California court ruling that says the new ABC test adopted by the California Supreme Court should be applied retroactively. Richard writes: One of the biggest questions remaining about the test was whether it should be applied retroactively. In other words, should businesses be protected for having…
From the Recorder, Erin Mulvaney reports that one judge says employers need to be looking in their rear view mirror because the new ABC test adopted by the California Supreme Court should be applied retroactively. Erin writes: Gig economy companies and judges are grappling with the California Supreme Court ruling that upended how employers classify their workers, and whether…
From JDSupra, Stefanie Renaud discusses the recent California appellate case which said that the new ABC test for independent contractors does not apply to the question of joint employment and offers guidance for employers going forward. Stefanie writes: The case, Curry v. Equilon Enterprises, LLC, resolved two important questions: 1) whether the ABC test applies to the…