California

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…

San Francisco subpoenas Uber, Lyft on driver classification 

  From Reuters, Heather Somerville reports that San Francisco’s city attorney has subpoenaed records on how drivers were classified from Lyft and Uber. California’s Supreme Court recently changed the standard for determining if a worker is an employee or independent contractor and the San Francisco city attorney is looking to see if Lyft and Uber…

California Court of Appeal invalidates employee arbitration clause on basis of exemption to Federal Arbitration Act

  From Lexology, Ruth Zadikany, Grant T. Miller, and Richard E. Nowak discuss a recent California case in which the court said that a truck driver was not required to arbitrate a claim despite an arbitration agreement because the Federal Arbitration Act (FAA) excluded transportation workers. They write: In Muro v Cornerstone Staffing Solutions Inc the Fourth District…

Examining the Dynamex ‘ABC Test’ by Various On-Demand Worker Types

  From JDSuipra, , Sean Kingston looks at the recent Dynamex decision in California and applies the new standard to drivers, IT workers and freelancers.  Sean writes: IT Workers Our second group, Information Technology workers, provides a clearer analysis. However, just as with delivery drivers, great variability exists in the nature of the relationship between worker…

Would These Star Wars Characters Be Contractors Or Employees Under The New “ABC” Test? 

From JDSupra, Richard Meneghello discusses the new California standard for classifying workers as employees or independent contractors and applies the standard to Star Wars characters.  Richard writes: May the 4th has become known as Star Wars Day given the movie franchise’s most famous tag line. Today provides an opportunity for us to examine a recent employment law development of massive…