California

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…

The Jig Is Up: California Supreme Court Asserts New Independent Contractor Test Impacting The “Gig Economy” and Companies Engaging Independent Contractors

California

  From The National Law Review, Krista M. Cabrera, Jessica E. Joseph, John L Litchfield, and Kamran Mirrafati discuss California’s decision to adopt the ABC test for classifying workers as employees or independent contractors.  They write: Under the previously used “control-of-work-details” or “economic reality” test to determine independent contractor or employee status, courts (and hiring entities) looked to the nature…

Independent Contractor Bombshell for California Businesses: California Supreme Court Curtails the Lawful Use of ICs

  From JDSupra, Richard Reibstein discusses the California Supreme Court’s decision to adopt the “ABC” test for determining if a worker is an employee or independent contractor.  Richard writes: Earlier today, the California Supreme Court established the Golden State as one of the least hospitable jurisdictions in the nation toward independent contractor status. Abandoning its…

Associate Dentist and Dental Hygienist: Employee or independent contractor?

    The California Dental Association (CDA) offers guidance on the classification of associates and dental hygienists in a dental practice.  It states: It’s not uncommon for Practice Support to receive questions regarding the classification of registered dental hygienists. When considering an employment status for an RDH, generally this individual worker would not meet the…

Proposed California Law Would Establish Portable Benefits For Gig Companies And Address Misclassification Issue 

California

  From JDSupra, Benjamin Ebbink discusses proposed legislation in California that would create portable benefits for gig workers. Benjamin writes: As we have previously discussed, one of the hottest gig economy issues to dominate political and public policy debate has been “portable” benefits – the concept that gig economy workers should have flexible, portable benefits that they…

California Federal Court Finds That “Gig Economy” Workers Are Independent Contractors, Not Employees

California

  From the National Law Review, Daniel B. Pasternak discusses the recent decision in the Grubhub cases in which the driver was found to be an independent contractor and the potential for a new standard for classifying workers in a case currently before the California Supreme Court.  Daniel writes: In this case, the judge ruled for Grubhub…

What Does GrubHub’s Big Win Mean for Other On-Demand, Sharing Economy Businesses? 

grubhub website

  From the Independent Contractor Misclassification and Compliance Legal Blog, Richard Reibstein offers a superb, thorough analysis of the decision that a Grubhub worker was an independent contractor.  Richard reviews the court’s decisions and provides his analysis and takeaways. Richard writes: The Court’s “Upshot” and “Conclusion” Judge Corley then penned a section of the opinion she called “The…

California Supreme Court Weighing Crucial Gig Economy Misclassification Standard

California

  From JDSupra, Fisher Phillips discusses the oral arguments in a case before the California Supreme Court that focused on the criteria for determining whether a worker was an employee or independent contractor.  They write: The case is Dynamex Operations West, Inc. v. Superior Court of Los Angeles County, and it’s a fairly standard misclassification case.…