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21 Nov 2019, 7:22 am by Joy Waltemath
The impetus for the comprehensive review was an internal agency dust-up following the Board’s issuance in December 2017 of Hy-Brand Industrial Contractors, Ltd., a full panel decision that purported to overturn the agency’s controversial Browning Ferris Industries of California, Inc., opinion. [read post]
As we previously wrote here, AB5 codified and expanded the “ABC test” adopted by the California Supreme Court in Dynamex Operations West, Inc. v. [read post]
12 Nov 2019, 5:30 am by Alan Z. Rozenshtein
Section 230 was enacted as a response to Stratton Oakmont, Inc. v. [read post]
1 Nov 2019, 12:00 pm by William B. Gould IV
California has enacted new gig worker legislation which is designed to stop the exclusion of workers from employee status by misclassifying them as so called “independent contractors” who are deprived of both labor law protection and the social safety net which we’ve inherited from the New Deal.(9) But here is the problem. [read post]
15 Oct 2019, 8:00 am by James W. Ward
The test determines when a worker is an independent contractor, although numerous industry exemptions were included in AB 5. [read post]
3 Oct 2019, 5:32 am by Joy Waltemath
The employees cited the California Supreme Court’s landmark 2018 decision in Dynamex Operations West, Inc. v. [read post]
29 Sep 2019, 9:01 pm by Samuel Estreicher and Sara Spaur
Circuit recently reminded the agency in Browning-Ferris Industries of California, Inc. v. [read post]
27 Sep 2019, 11:47 am by Anthony Zaller
Department of Industrial Relations will apply in determining whether a worker is either an independent contractor or an employee. [read post]
25 Sep 2019, 3:58 pm by Cynthia Marcotte Stamer
  Employers should keep in mind that employers bear the burden of proof when raising the White Collar or other exemptions as a defense to a minimum wage, overtime, recordkeeping or other FMLA violation.Employers staffing or making use of labor or services provided by employee leasing, temporary staffing, day labor, contractors, or other contingent worker sources also are encouraged to keep in mind the growing aggressiveness by WHD and private litigants in challenging and obtaining… [read post]
24 Sep 2019, 6:15 am by Adam Santucci
In Velox Express, Inc., the Board held that Velox, a medical courier service, misclassified its drivers as independent contractors. [read post]
23 Sep 2019, 8:42 pm by Pamela Avraham
The Package Deal Eagle Intermodal Inc. agreed to pay $1.25 million in back unemployment and disability contributions, and pledged to come into compliance with the law, the NJ DOL announced on September 12, 2019. [read post]