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19 Jun 2015, 2:15 pm by Gail Cecchettini Whaley
” The Labor Commissioner found many factors establishing control over the drivers— the right to control the manner and means of performing the work is the key factor in the independent contractor versus employee decision. [read post]
 As we explained here, AB5 codified and expanded the “ABC” test adopted by the California Supreme Court in Dynamex Operations West, Inc. v. [read post]
3 Jul 2012, 3:30 am
Independent contractors not entitled to retirement benefits or other fringe benefits Araneo v Town Bd. for Town of Clarkstown, 55 AD3d 516 Michael Araneo was the owner, president, and sole employee of a corporation: Michael Araneo, Inc. [read post]
29 Oct 2018, 2:53 pm by Bianca Saad
You may remember our previous blog post about the California Supreme Court’s rather groundbreaking decision about which test should be applied when determining whether an individual is an employee or independent contractor (Dynamex Operations West, Inc. v. [read post]
20 Dec 2016, 2:14 pm by Steven Koprince
The solicitation specified that only the past performance of the prime contractor would be considered. [read post]
6 Aug 2010, 8:05 am by ADeStefano
Malcolm Pirnie, Inc., the First Department found that a question of fact existed as to whether a construction manager could be held liable to the plaintiffs under Labor Law sect. 241(6) based upon its contractual responsibility to choose subcontractors and testimony that it was "in charge of construction", i.e., the functions normally performed by a general contractor. [read post]
2 May 2018, 5:52 pm by Arkady Itkin
On April 30, 2018, the California Supreme Court issued its unanimous ruling in Dynamex Operations West, Inc., v Superior Court, making it even harder for companies to classify workers as independent contractors (rather than employees). [read post]
15 Oct 2008, 11:06 am
Independent contractors not entitled to retirement benefits or other fringe benefitsAraneo v Town Bd. for Town of Clarkstown, 2008 NY Slip Op 07599, decided on October 7, 2008, Appellate Division, Second DepartmentMichael Araneo was the owner, president, and sole employee of a corporation: Michael Araneo, Inc. [read post]