California

Labor Commissioner Cites Nail Salon $1.2 Million for Misclassification and Wage Theft of 36 Workers

woman doing another woman's nails

  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…

State Court Concludes ABC Test Should Be Applied Retroactively

California

  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…

Will California’s New Worker Classification Test Be Applied Retroactively? One Judge Says Yes

police car in rear view mirror

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…

Dynamex And the Joint-Employer Standard: What Test Applies? 

California

  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…

Business Groups Appeal to State on Dynamex Decision 

  From the San Fernando Valley Business Journal, Helen Floersh reports that businesses and trade organizations are asking the California legislature to address the situation created by the Dyanmex decision. Helen writes: Dozens of businesses and trade organizations, including three local chambers of commerce, have sent a letter to the California Legislature outlining concerns about the legal…

Dynamex Ripples Continue To Be Felt: 2 Very Recent Developments 

California

  From JDSupra, Richard Meneghello reports on two recent developments since the California Supreme Court issued the Dynamex decision. He writes: Businesses Appeal To California Lawmakers To Reverse Course The California Chamber of Commerce and a coalition of dozens of businesses and business advocacy groups—including gig companies Uber, Lyft, Handy, Instacart, Caviar, Doordash, and Postmates—directed a letter…

California Court Rejects “ABC” Test For Joint Employers 

ABC blocks

  From JDSupra, Akasha Perez, Julia Riechert and Kevin Whittaker report that a California court said that the ABC test does not apply to the determination of whether two entities are joint employers. They write: As has been widely reported, last month the California Supreme Court issued a decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles that rejected the…

The Implications of Dynamex Operations West v. Superior Court: California’s Adoption of the ABC Test for Purposes of the Wage Orders 

California

  Via Lexology, William Hays Weissman of Littler Mendelson PC provides an in-depth analysis of the recent California decision that adopted the ABC standard for classifying workers as independent contractors. The first prong is similar to the previous test on whether the hiring entity exercises control over the worker and the third prong is also simliar to the…

California Employment Test Not As Easy as ABC

apple on teachers desk and abc

  From The National Law Review, Michael W. Kelly and Gary M. Gansle discuss the recent California decision that introduced a new standard — the ABC test — for independent contractors. They review each of the prongs of the ABC test and the limited guidance provided by the Court. With respect to Part B, performing work outside they usual…