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Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Tucker Arensberg, P.C.

Pennsylvania Targets Worker Misclassification: Steep Costs Await Uninformed Employers

Tucker Arensberg, P.C. on

Pennsylvania is cracking down on misclassification of workers, and the costs to employers could be steep. Pennsylvania is placing an emphasis on employee classification. Recent investigations into misclassification have...more

Burr & Forman

The Burr Broadcast: New Independent Contractor Rule

Burr & Forman on

In this episode of The Burr Broadcast, Chandler Aragona explains the new Independent Contractor rule that goes into effect on March 11, 2024. ...more

Miller Nash LLP

California Employer‘s Good-Faith Belief That Freelance Model Was Not an Employee Defeats Penalty Claims

Miller Nash LLP on

California employers will be pleased to learn that the Ninth Circuit Court of Appeals recently held that a retail store reasonably believed that a freelance model who worked in irregular one- or two-day periods was not an...more

Manatt, Phelps & Phillips, LLP

AB 5 Survives Challenge From Freelance Writers, Photographers

Assembly Bill 5 regulates economic activity and not speech, the U.S. Circuit Court of Appeals for the Ninth Circuit recently held, affirming dismissal of a suit brought by freelance writers and photographers challenging the...more

Manatt, Phelps & Phillips, LLP

Driver’s Misclassification Suit Gets New Life From Ninth Circuit

The retroactive application of Dynamex may permit a Grubhub driver’s suit alleging he was misclassified as an independent contractor, according to a new decision from the U.S. Court of Appeals for the Ninth Circuit....more

Manatt, Phelps & Phillips, LLP

The Battle Continues: Prop 22 Struck Down, AB 5 Appealed

The long-running battle over the classification of workers as independent contractors or employees in California continues, with a trial court judge striking down Proposition 22 and an appeal to the U.S. Supreme Court to...more

Mintz

Court Rules "Independent Contractor" Prop 22 is Unconstitutional

Mintz on

On Friday, a California Superior Court judge held that California's Proposition 22--which allowed certain "gig economy" workers to be classified as independent contractors--is unconstitutional. California voters passed...more

Morgan Lewis

New Jersey Legislation Further Increases Risks for Companies Using Independent Contractors

Morgan Lewis on

New Jersey Governor Phil Murphy recently signed another round of bills that will change the enforcement landscape in the independent contractor misclassification context in New Jersey. The laws increase penalties for employee...more

Littler

Tightening the Vise: N.J. Further Expands Power to Thwart Employee Misclassification

Littler on

On July 8, 2021, N.J. Governor Phil Murphy signed a package of bills expanding the power of the Department of Labor and Workforce Development (DOLWD) to enforce state wage, benefit and tax laws, and enhancing penalties for...more

CDF Labor Law LLP

The Ninth Circuit Reverses AB5 Injunction

CDF Labor Law LLP on

The Ninth Circuit Court of Appeals, in California Trucking Association v. Bonta, has reversed the preliminary injunction staying enforcement of AB 5 (now Labor Code § 2775). ...more

Littler

West Virginia Enacts Legislation to Clarify Worker Classification

Littler on

Governor Jim Justice recently signed into law Senate Bill 272, the West Virginia Employment Law Workers Classification Act (the “Act”), which goes into effect on June 9, 2021.  The legislation provides standards for...more

Williams Mullen

[Webinar] Employment Law 2021: Minimizing Risk in a New Enforcement Environment - April 7th, 11:00 am - 11:30 am ET

Williams Mullen on

Join us for a discussion of the following hot topics: - Anticipated push at the federal and state level for expanded civil rights laws, including gender identity and sexual orientation and the enforcement of the new...more

Hinshaw & Culbertson - Employment Law...

California Court of Appeal Rules Alleged Contractor Misclassification Not Enough to Justify Class Action

On Friday, March 12, 2021, the California Court of Appeal issued a ruling in Wilson v. The La Jolla Group that addresses the appropriate scope of class treatment for employee misclassification under Dynamex Operations West,...more

CDF Labor Law LLP

Proposition 22 Challenged in Oakland State Court

CDF Labor Law LLP on

Last November, California voters convincingly (almost 60% supporting) enacted Proposition 22.  This Proposition was a well-funded effort that allows gig drivers working for companies like Uber, Lyft and Doordash to avoid the...more

Fisher Phillips

January 2021: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fenwick & West LLP

Supreme Court Rules Dynamex ABC Test is Retroactive

Fenwick & West LLP on

The California Supreme Court held on January 14, 2021, that its landmark Dynamex decision, which established a rigid standard under California law for companies to classify workers as independent contractors, and later was...more

Polsinelli

California Supreme Court Holds “ABC Test” For Independent Contractors Applies Retroactively

Polsinelli on

On January 14, 2021, the California Supreme Court held that the “ABC Test” for classifying workers as independent contractors applies retroactively.  The high court first articulated this standard, which makes it tougher for...more

FordHarrison

Misclassification Liability in the Rear-View Mirror May Be Greater Than It Appears: Cal Supremes Say Dynamex "ABC Test" Applies...

FordHarrison on

It was quite a week for the gig economy in California. This is the second of a two-part update; last week we reported on a union- and driver-led California Supreme Court challenge to Proposition 22, the November 2020 voter...more

Littler

California Supreme Court Reaffirms that ABC Test is Retroactive

Littler on

On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior...more

CDF Labor Law LLP

California Supreme Court Affirms That The Dynamex (A-B-C) Test Applies Retroactively

CDF Labor Law LLP on

Since April 2018, when the California Supreme Court issued its Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018) decision, which radically changed the way in which courts differentiated between an...more

Fisher Phillips

The Top 20 Non-COVID Workplace Law Stories Of 2020

Fisher Phillips on

That this past year was the most challenging year in your professional life is an almost certainty. You were forced to learn entirely new statutory schemes, absorb new local health directives on a near-daily basis, create a...more

Seyfarth Shaw LLP

California ABC Test Not FAAAA-Preempted

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a case involving motor carriers, the California Court of Appeal has held that the FAAAA (Federal Aviation Administration Authorization Act of 1994) does not preempt the ABC employment test California...more

CDF Labor Law LLP

[Webinar] New California Employment Laws and Developments - December 3rd, 9:30 am - 11:00 am PT

CDF Labor Law LLP on

On December 3, 2020 from 9:30 to 11:00 a.m. (Pacific Time), we will be hosting our complimentary annual “Year in Review” webinar reviewing 2020’s new laws, judicial decisions, and regulatory developments affecting California...more

Akerman LLP - HR Defense

California Voters OK Independent Contractor Status for App Service Drivers

Akerman LLP - HR Defense on

On November 3, 2020, nearly 60% of California voters approved a ballot measure to create a carve-out from the state’s expansive independent contractor law, AB 5, for drivers on technology platforms such as Lyft, Uber,...more

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