Proposition 22 continues its journey through the California courts. As background, in 2018 the California Supreme Court adopted a new test to determine whether a worker was an employee or independent contractor in its Dynamex holding. Under the test, a worker is determined to be an employee unless: (a) the worker is free from the
Employers seeking to challenge California’s stringent independent contractor misclassification laws may have found an opening. On March 17, the Ninth Circuit Court of Appeals concluded that plaintiffs could proceed in their lawsuit on claims that California’s Assembly Bill 5, as amended (A.B. 5), violates the Equal Protection Clause. See Olson v. California, No. 21-55757
On Jan. 14, 2021, the California Supreme Court issued its long-awaited ruling on whether the “ABC test” articulated in its 2018 Dynamex Operations West Inc. v. Superior Court of Los Angeles decision applies retroactively. At stake is the status of thousands of workers classified as independent contractors prior to Dynamex. Would these workers’ classifications
Timothy Long and Lindsay Hutner of global law firm Greenberg Traurig, LLP will participate in the Independent Contractor, Joint Employment Misclassification Litigation Teleconference program on June 30.
Hosted by Bridgeport Continuing Education, the teleconference will discuss the challenges of how to classify independent contractors and employees and which employees are exempt. According to its
After the California Second District Court of Appeal’s Oct. 8, 2019, decision in Gonzales v. San Gabriel Transit, Inc., brought as a garden variety wage and hour class action claiming various classifications of drivers who agreed to be and were treated as independent contractors were in fact employees, the California Supreme Court will have
On Sept. 18, California Gov. Gavin Newsom signed Assembly Bill 5 (AB5) into law. AB5, effective Jan. 1, 2020, seeks to codify and clarify a California Supreme Court case (Dynamex Operations West, Inc. v. Superior Court of Los Angeles), which dramatically changed the standard for determining whether workers in California should be classified