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28 Feb 2020, 7:41 am
Specifically, the law stipulates that a journalist who produces more than 35 submissions to a single entity should be considered an employee. [read post]
27 Feb 2020, 8:05 pm
The ABC Test for Independent Contractors Many states, like California, use the ABC test to determine whether a worker is an independent contractor. [read post]
Court dismisses some of trucking association’s challenges to California AB 5, but injunction remains
14 Feb 2020, 8:07 am
The person performs the work that is outside the usual course of the hiring entity’s business. [read post]
13 Feb 2020, 5:51 am
The drivers can still work as independently contracted drivers if they satisfy the ABC test or fall under an exemption, such as the one that exempts business entities providing services through referral agencies. [read post]
11 Feb 2020, 6:37 pm
(Pix: Security Academia: Stop Using Worthless Data)I have been writing about automated law--data driven governance the object of which is to automate the system for managing the behaviors of individuals and institutions through the imposition of systems of punishments and rewards that are tied to lists onto which people (and entities) are placed as a result of the application of objectives based analytics to analytics-relevant data (e.g., here, here, and here). [read post]
10 Feb 2020, 4:21 pm
You may be familiar with the AB-5 ABC test, which provides that to establish independent contractor status in California beginning on January 1, 2020, employers must satisfy all three of the following prongs: A) The company must not be able to control or direct what the worker does, either by contract or in actual practice; B) The worker must perform tasks outside of the hiring entity’s usual course of business; and C) The worker must be engaged in an independently… [read post]
10 Feb 2020, 2:19 pm
As Chris Maisano explained in short contribution to The ABC’s of Socialism (Verso and the Jacobin Foundation, 2016) when similar memes circulated the last time Sanders ran for President, we find listed policies, programs, and institutions as “ostensibly socialist programs whose only commonality is that Uncle Sam carries them all out:” “Some directly serve social needs and involve some measure of income redistribution (public libraries, welfare, the WIC… [read post]
4 Feb 2020, 7:06 am
“ABC test” applies. [read post]
21 Jan 2020, 4:07 pm
Under the ABC test, a hiring entity must prove that a worker is in fact an independent contractor by demonstrating: (A) the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact; (B) the worker performs work that is outside the usual course of the hiring entity’s business, and (C) the worker is customarily engaged in an independently established… [read post]
21 Jan 2020, 12:20 pm
” Owner-operators necessarily perform work within “the usual course of the [motor carriers] hiring entity’s business,” meaning drivers can “never” be considered independent contractors under Prong B. [read post]
13 Jan 2020, 1:25 pm
However, if ABC Capital, Inc. became administratively dissolved for failing to pay its franchise tax, then most states “recycle” that name and allow a new entity to be filed under the identical name. [read post]
8 Jan 2020, 2:55 pm
AB 5 exempts several occupations and industries from the ABC test if the hiring entity can prove the specific requirements for exemption outlined in the statute. [read post]
3 Jan 2020, 11:10 am
The California Supreme Court ruled in Dynamex that in order for a worker to be properly classified as an independent contractor, the company must establish that the worker meets the ABC test: Part A: Is the worker free from the control and direction of the hiring entity in the performance of the work, both under the contract for the performance of the work and in fact? [read post]
3 Jan 2020, 11:10 am
The California Supreme Court ruled in Dynamex that in order for a worker to be properly classified as an independent contractor, the company must establish that the worker meets the ABC test: Part A: Is the worker free from the control and direction of the hiring entity in the performance of the work, both under the contract for the performance of the work and in fact? [read post]
31 Dec 2019, 4:40 am
DEAR FRIENDS: The bloggers here at the 1709 Blog have decided that this will be our very last post. [read post]
30 Dec 2019, 12:45 pm
AB 5 is effective January 1, 2020 and sets forth an “ABC” tests to determine whether workers qualify as independent contractors. [read post]
16 Dec 2019, 12:14 pm
In recent months, the California Supreme Court has been petitioned in three separate cases asking if the ABC test governs the question whether an entity is a joint employer. [read post]
16 Dec 2019, 11:43 am
Many, if not most, of these entities will be unable to escape an ABC Test. [read post]
16 Dec 2019, 9:52 am
That report indicated that, just in 2018, more than three thousand Uber riders and drivers were sexually assaulted, according to ABC News. [read post]
12 Dec 2019, 11:55 am
Second, AB 5 exempts several categories of professions, referral services, and vendors from the ABC test –if they meet a series of criteria. [read post]
