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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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California Supreme Court Rules That Dynamex ABC Test Applies Retroactively
On January 14, 2021, the California Supreme Court ruled in Vazquez et al. v. Jan-Pro Franchising International, Case no. S258191, that the Dynamex ABC Test, which makes it harder for companies to classify workers as independent contractors, applies retroactively, thus … Continue reading
Posted in California, Independent Contractor
| Tagged California, Independent Contractor, Wages
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There May Be Some Good News Coming to Companies Using Independent Contractors – At Least Under Federal Law
While states like California continue to make it tougher for companies to properly classify workers as independent contractors by adopting the ABC test, on September 25, 2020, the U.S. Department of Labor issued a notice of proposed rulemaking seeking to … Continue reading
Posted in DOL, FLSA, Independent Contractor
| Tagged DOL, Economic Realities Test, Fair Labor Standards Act, Independent Contractor
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Nevada’s New Employment Laws in 2020
Nevada has undergone a significant transformation regarding the legal landscape affecting Nevada’s Employers. Several of these new laws have just recently gone into effect or are slated to go into effect at the beginning of the new year. Click here for some … Continue reading
Posted in FLSA, Independent Contractor, Minimum Wage, Nevada
| Tagged Classification, Employees, Fair Labor Standards Act, Marijuana, Minimum Wage, Misclassification, Paid Leave, Settlement Agreement, Wage & Hour
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The California Supreme Court Is To Decide the Retroactive Application of the Dynamex Independent Contractor Decision
On November 20, 2019, the California Supreme Court finally agreed to take up the question of whether the landmark Dynamex independent contractor decision applies retroactively. In April 2018, the California Supreme Court adopted the “ABC” test for determining whether a … Continue reading
Posted in California, Independent Contractor
| Tagged California, Classification, Independent Contractor, Wage & Hour
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Fall 2019 Under Construction Newsletter – Out Now!
The fall edition of Snell & Wilmer’s Under Construction newsletter is out now! This issue takes a look at: Does an employer have to compensate an employee who gets injured on the way to work, even if it’s not on … Continue reading
Posted in California, Independent Contractor, NLRB
| Tagged ABC Test, Colorado, Dynamex, Registrar of Contractors, Under Construction
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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
Posted in California, Independent Contractor, Snell & Wilmer
| Tagged California, Classification, Employee Benefits, ERISA
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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
Posted in California, Independent Contractor, Snell & Wilmer
| Tagged California, Classification, Employees, Independent Contractor
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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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