A New Law Passed Raising the Standard for Classifying Workers as Independent Contractors in California

Since April 30, 2018, when the landmark California Supreme Court decision in Dynamex Operations West, Inc. v. Sup. Ct. (2018) 4 Cal.5th 903 (Dynamex) was issued, companies across the state have questioned whether the ABC independent contractor test adopted in that decision … Continue reading

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New California Legislation Makes it More Difficult to Classify Workers as Independent Contractors

California Assembly Bill 5 has been branded as the killer of the gig economy. It adds to the California Labor Code a new test for deciding who is properly classified as an independent contractor. Workers will be considered employees for … Continue reading

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Court Embraces Worker-Friendly Test for Determining Independent Contractor Status Under California Wage Orders, Broadening Definition of “Employee”

On Monday, the California Supreme Court ruled in a unanimous decision to reject 30-year old precedent which focused the inquiry on the amount of control the company exercises over the worker, embracing a new test for determining whether a worker … Continue reading

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California Supreme Court Deviates From Federal Regulations on Calculating Regular Rate of Pay on Flat Rate Bonuses

Earlier this week the California Supreme Court ruled that when calculating the regular rate of pay for flat rate bonuses an employer must divide the employee’s total pay (including the bonus) by the employee’s total non-overtime hours worked and multiply … Continue reading

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Federal Court’s Ruling in GrubHub Case is a Win for Gig Companies, but it Doesn’t Settle the Debate Over Workers’ Status

A potential watershed ruling that a former Grubhub delivery driver was properly classified as an independent contractor rather than an employee is a victory for gig economy companies who hope the decision will help defeat similar lawsuits and provide some … Continue reading

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Arizona Legislative Assistance in Correctly Classifying Workers as Independent Contractors

Completing and complying with a government supplied “Independent Contractor Certificate” presumptively establishes an independent contractor legal relationship for Arizona state law purposes. See A.R.S. § 23-1601(B).  The effect of this Arizona form Independent Contractor Certificate on federal law questions involving … Continue reading

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