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20 Oct 2020, 6:27 pm
At the time AB 5 became law in January 2020, there was significant confusion as to whether AB 5 applied to public agencies because it did not expressly state whether it applies to public employers and instead merely made the new ABC test for classification applicable to all Labor Code and Unemployment Insurance Code provisions. [read post]
19 Oct 2020, 1:00 am
The following Supreme Court judgments remain outstanding: Keefe (by his litigation friend Eyton) v Hoteles Pinero Canarias SL, heard 7 Mar 2017 Arcadia Petroleum Ltd & Ors v Bosworth & Anor, heard 10-11 Apr 2017 Test Claimants in the Franked Investment Income Group Litigation & Ors v Commissioners of Inland Revenue, heard 27 June 2019 In the matter of an application by Anthony McIntyre for Judicial Review (Northern Ireland), heard 24 October 2019 Halliburton Company v Chubb… [read post]
13 Oct 2020, 7:45 am
For example, if you want to form ABC Capital, LLC, but there is already an ABC Capital, Inc., that would present a conflict making the proposed name unavailable. [read post]
12 Oct 2020, 1:00 am
The following Supreme Court judgments remain outstanding: Keefe (by his litigation friend Eyton) v Hoteles Pinero Canarias SL, heard 7 Mar 2017 Arcadia Petroleum Ltd & Ors v Bosworth & Anor, heard 10-11 Apr 2017 Vedanta Resources Plc & Anor v Lungowe & Ors, heard 15-16 Jan 2019 Test Claimants in the Franked Investment Income Group Litigation & Ors v Commissioners of Inland Revenue, heard 27 June 2019 In the matter of an application by Anthony McIntyre for Judicial Review… [read post]
8 Oct 2020, 3:04 pm
Evans Delivery Company, Inc., 2:19-cv-04316 (C.D. [read post]
25 Sep 2020, 1:15 am
” In New Jersey, employers and their insurance companies have the right to choose the doctors their employees see for treatment of job-related injuries. [read post]
22 Sep 2020, 3:11 pm
More significantly, several state overtime and other wage-hour laws, some of which use the ABC test to determine employee vs. contractor status, are unaffected by the DOL’s proposal. [read post]
9 Sep 2020, 12:05 pm
Sales to one company increased from $6,600 in 2011 to $44,000 in 2015. [read post]
8 Sep 2020, 1:21 pm
AB 5 expanded the reach of Dynamex by making the ABC Test the default test for all Labor Code, Unemployment Insurance Code, and Wage Order claims. [read post]
8 Sep 2020, 7:46 am
AB 5 expanded the reach of Dynamex by making the ABC Test the default test for all Labor Code, Unemployment Insurance Code and Wage Order claims. [read post]
8 Sep 2020, 7:01 am
And while it seems highly unlikely that AB5 will be amended to exempt ride share and food delivery companies from the “ABC” test, California voters will decide that themselves in November when they vote on Proposition 22, which would exempt those companies. [read post]
7 Sep 2020, 8:23 pm
Except for those fortunate industries and service providers now eligible for exemption from the ABC test, the new law only tweaks AB5 and is essentially unchanged in any meaningful way for the overwhelming number of companies and freelancers doing business in California. [read post]
6 Sep 2020, 6:04 pm
Barnhill decision because the ABC board’s failure to both institute monitoring systems and to implement them exposed the company to significant liability. [read post]
3 Sep 2020, 3:34 pm
As we have previously reported, California law utilizes the “ABC” test to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. [read post]
3 Sep 2020, 6:00 am
Critics say that SB 973 would require California companies to report potentially incomplete or misleading pay data that the companies’ adversaries could use to falsely claim wage disparities. [read post]
25 Aug 2020, 12:26 pm
The insurance company for whistleblower attorney Mark Zaid declined to renew his policy, reports The New York Times. [read post]
25 Aug 2020, 12:21 pm
A.B. 5 codified the ABC Test, subject to a number of exceptions. [read post]
21 Aug 2020, 12:45 pm
This test of factors is called the “ABC Test. [read post]
20 Aug 2020, 4:59 pm
Proposition 22 also stipulates that the companies provide more benefits to drivers, such as a minimum wage and access to health and workers’ compensation insurance. [read post]
31 Jul 2020, 9:19 am
As you may recall, under the ABC test, an individual is presumed to be an employee unless the company can prove all of the following: That the worker is free from control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in actually performing the work; andThat the worker performs work that is outside the usual course of the hiring entity’s business; andThat the worker is… [read post]
