California

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…

The Allegation Of Non-Arbitrable Private Attorney General Claims Does Not Prevent Arbitration Of Individual Claims Raised Simultaneously

California

From JDSupra, Benjamin Stearns discusses a recent case in which the 9th Circuit Court of Appeals said that arbitration could be compelled on all claims except California’s Private Attorneys General Act (PAGA) claims.  Benjamin writes: A contractual arbitration clause may not be avoided by the allegation of “private attorney general” claims that are not arbitrable on public…

LA to consider blocking trucking companies that use independent contractors

Cargo crane port of los angeles

  From the Daily Breeze, the City News Service reports that LA is considering requiring trucking trucking companies using the Port of Los Angeles to hire employees instead of independent contractors. The Los Angeles City Council unanimously voted Tuesday to explore blocking companies that use truck drivers classified as independent contractors from doing business at…

California To Hold Direct Contractors Jointly Liable For Subcontractor’s Unpaid Wages And Fringe Benefits

California

From JDSupra, Cary Palmer and Sierra Vierra discuss legislation that becomes effective January 1, 2018 that holds general contractor’s liable for subcontractor’s unpaid wages.  This may mean that general contractors would be liable for unpaid wages to workers who were misclassified as independent contractors also.  Cary and Sierra write: Beginning with contracts entered into on or after January 1,…

California Employers Should Remain Cautious when Classifying their Workforce, Notwithstanding More Lenient Federal Policies

California

  From JDSupra, Dustin Carlton warns that California companies should still be vigilant about classifying workers as independent contractors even through the Trump administration has taken a more company-friendly approach.  Dustin writes: Although the Trump administration rescinded its guidance on worker misclassification earlier this year and appears to have otherwise taken a “softer approach” to…

Beware Of Independent Contractor Agreements With “Work Made For Hire” Language

intellectual property word cloud

From JDSupra, Nancy Yaffe discusses the risks of using the phrase “work made for hire” in California independent contractor agreements.  Nancy writes: In recent years, California and federal agencies have highly scrutinized independent contractor status.  While that scrutiny may be abating somewhat on the federal level, it is still alive and well in our golden state.  In fact, the issue…

A Comprehensive Review Of The Grubhub Trial Closing Arguments

grubhub-website-screenshot

  From JDSupra, Richard Meneghello discusses the closing arguments in the Grubhub trai.  Richard writes: The Critical “Control” Factor As with all independent contractor misclassification disputes, the resolution usually lies in determining whether the business exerted sufficient control over the worker. And that appears to be the case here, as well. As we reported in last week’s summary…

California Class Action Wage and Hour Lawsuit Alleges Contractor Misclassification

Oil and gas plant

  From Top Class Actions, Amanda Antell discusses that an electrical construction technical representative alleges he was misclassified as an independent contractor.  Amanda writes: Michael says he worked as an Electrical Construction Technical Representative for CRC, providing customers with mechanical, electrical and instrument design and support. At all times relevant, Michael worked exclusively for California…