California

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.…

U.S. judge says Grubhub driver was independent contractor

grubhub website

  From Reuters, Daniel Wiessner reports that U.S. Magistrate Judge Jacqueline Scott Corley said that a Grubhub drivers was an independent contractor.  Daniel writes: A U.S. judge in San Francisco on Thursday said a former Grubhub Inc delivery driver was an independent contractor and not the company’s employee, in the first case of its kind against…

California Appellate Court Holds Employee’s Dismissal Of Individual Labor Claims Precludes PAGA Standing

California

  From JDSupra, Jon Michaelson discusses a recent case in which a Private Attorneys General Act (PAGA) claim was dismissed after the parties settled the other claims through arbitration. It may lead to negotiated settlements during the arbitration process that includes all claims. Jon discusses the recent case: A recent decision by California’s Second District Court…

Los Angeles City Attorney Sues Port-Trucking Firms Over Worker Classification

Cargo crane port of los angeles

  From the Wall Street Journal, Erica E. Phillips reports that the Los Angeles City has filed lawsuits seeking to prohibit three companies from classifying drivers as independent contractors.  Erica writes: The city of Los Angeles filed lawsuits Monday against three trucking companies that haul goods at Southern California ports, alleging they denied wages and benefits to drivers…