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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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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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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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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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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
Posted in California, FLSA, Pay
| Tagged Bonus, California Supreme Court, Classification, Overtime
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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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