Labor and Employment Law Blog

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 of the recent changes that Nevada employers should know about.

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SP
Partner

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 worker is an independent contractor or employee for purposes of certain wage and hour rights. […]

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EL

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 applies to them and/or their workers, how far it may apply, and whether it applies […]

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EL

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 purposes of the Labor Code, unless the hiring entity can prove that: (a) the person […]

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TB

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 is properly classified as an independent contractor for wage order claims. In Dynamex v. Superior […]

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AM
Former Associate
TB

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 the result by 1.5 for each overtime hour worked. This diverges from the federal regulations […]

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BM
AD

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 needed clarity in this area. However, the debate in this regard is far from over. […]

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JY

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 independent contractor status is yet to be determined. For more information, click here.

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BN
BH
Of Counsel