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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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Dynamex Impact on California Businesses – Revisiting Dynamex One Year Later
It has been more than a year since the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, setting forth a new test for determining whether a worker is properly classified as an … Continue reading
Posted in California, Independent Contractor, Snell & Wilmer
| Tagged California, Employees, Wages
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Dynamex Applied Retroactively By The Ninth Circuit
Two days after the one year anniversary of the California Supreme Court’s Dynamex decision, the Ninth Circuit issued a blow to companies in California. On May 2, 2019, the Ninth Circuit in Vazquez v. Jan-Pro Franchising International, Inc. held that … Continue reading
Posted in California, Independent Contractor
| Tagged California, Employees, Independent Contractor, Ninth Circuit
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Check Your Arbitration Agreements: The Supreme Court Handed Workers A Big Win
In a unanimous opinion, with Justice Ginsburg concurring, the U.S. Supreme Court held that an exemption under the Federal Arbitration Act (“FAA”) applies to contracts with independent contractors. The FAA generally requires courts to enforce private arbitration agreements. But the … Continue reading
Posted in Arbitration, Class Action, Independent Contractor
| Tagged Arbitration, Employment Arbitration Agreements, SCOTUS
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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
Posted in California, Independent Contractor, Pay
| Tagged California Supreme Court, Classification, Misclassification
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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
Posted in California, Independent Contractor
| Tagged Classification, Delivery Driver, Employees, Misclassification, Status
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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
Posted in Arizona, FLSA, Independent Contractor
| Tagged Classification, Declaration, Employees
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