Joint Employers Can be Held Liable for Employee Misclassification, California Court Rules

California Republic FlagFrom the National Law Review, Mark Askanas reports a recent California case in which the court said that an employer who engaged in the act of knowingly and voluntarily misclassifying a worker could be liable for the misclassification.  Mark writes:

“In a wage-and-hour class action filed by food and beverage vendors working in California entertainment arenas, the California Court of Appeal has ruled that a state Labor Code provision making it unlawful for any employer to “engage” in the willful misclassification of an individual as an independent contractor applies not only to the employer actually making the misclassification, but also to any employer who is aware that the co-employer has willfully misclassified their joint employees and fails to remedy the misclassification. Noe v. Superior Court (Levy Premium Foodservice Ltd. P’ship), No. B259570 (Cal. Ct. App. June 1, 2015). However, the Court also held that an employer could not be held jointly liable under Labor Code Section 226.8 based solely on the acts of a co-employer and that the law does not provide a private right of action for enforcement….”

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