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Posts tagged "independent contractors"

The Changing Gig Economy

For the last several years there's been both excitement and concern over the gig economy that seems to be growing by the day, as it starts to become the norm for more and more workers. With the explosion of companies like Lyft and Postmates, many more companies have come onto the scene. However, of late, recent news has indicated that the gig economy that is bringing a change to the way people work is still undergoing change itself.

California's Business Community Reacts to Dynamex

On April 30, 2018, the California Supreme Court upended the state's independent contractor market with its decision in Dynamex Operations West v. Superior Court. The Court's ruling changed the way the law will determine whether a worker is an employee or an independent contractor. The case discards the decades-old test of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (Borello) and replaces it with a new "ABC Test." We initially discussed the difference between these cases in a May 2018 post.

Western States Trucking Association Challenges Landmark Independent Contractor Decision Dynamex

On April 30, 2018, the California Supreme Court upended the state's independent contractor market with its decision in Dynamex Operations West v. Superior Court. The Court's ruling changed the way court's will determine whether a worker is an employee or an independent contractor. The case discards the decades-old test established in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (Borello) and replaces it with a new "ABC Test." We initially discussed the difference between these cases in a May 2018 post.  

Dynamex: The California Supreme Court Upends the State's Independent Contractor Market

On April 30, 2018, the California Supreme Court upended the state's independent contractor market with its decision in Dynamex Operations West v. Superior Court. The Court's ruling changed the way the law will determine whether a worker is an employee or an independent contractor. The case discards the decades-old test of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (Borello) and replaces it with a new "ABC Test." 

Employee versus independent contractor: sometimes a slippery slope

State and federal employment officials and regulators often take pains to walk a very fine line when discussing the use of contracted-for labor by companies across the country.

Court Finds Southern California Truck Drivers to be Independent Contractors

Larson & Gaston recently won a major transportation law defense victory on behalf of one of its motor carrier clients.  Four of the carrier's owner-operators filed claims with California's Division of Labor Standards Enforcement (DLSE), claiming to be employees of the motor carrier rather than independent contractors. This is a common accusation in the ongoing wave of litigation overtaking the transportation industry.  The drivers sought over $500,000 in damages and penalties.  L&G, on behalf of its carrier client, petitioned to compel arbitration of the claims pursuant to the arbitration clauses appearing in the independent contractor agreements.  The drivers opposed, arguing that the arbitration clauses were unenforceable because they were unconscionable and therefore their claims should be resolved at DLSE Berman hearings

NLRB broadens the meaning of "joint employer"

A new decision came out today from the National Labor Relations Board (NLRB) that will definitely affect the use of temporary workers and may also affect the use of independent contractors by opening the door to their unionization. You can read the NLRB press release here (https://www.nlrb.gov/news-outreach/news-story/board-issues-decision-browning-ferris-industries). That release has a link to the actual 50 page decision in Browning-Ferris Industries of California, Inc., d/b/a BFI Newby Island Recyclery, 362 NLRB No. 186 (2015).

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