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State Labor Laws ABC Test Labor Code

Ervin Cohen & Jessup LLP

Department of Labor Revises Independent Contractor Test

On March 11, 2024, the U.S. Department of Labor’s (“DOL”) revised independent contractor test took effect, under a Final Rule issued by the Wage and House Division of DOL. The rule for Employee or Independent Contractor...more

Weintraub Tobin

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

Weintraub Tobin on

I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...more

Payne & Fears

Key California Employment Law Cases: April 2022

Payne & Fears on

Summary: Good-faith dispute about employment status of freelancer who modeled in sporadic one- or two-day increments precluded imposition of waiting-time penalties pursuant to Labor Code section 203. ...more

Jackson Lewis P.C.

AB 5 Past and Present – What You Need to Know

Jackson Lewis P.C. on

At the end of 2020, it seemed the legislature, the courts, and even California voters wanted to move away from the independent contractor test codified in Assembly Bill 5 (AB 5). However, during 2021, the pendulum seems to...more

Payne & Fears

Key California Employment Law Cases: April 2021

Payne & Fears on

California Trucking Association v. Bonta, No. 20-55106, 2021 WL 1656283 (9th Cir. Apr. 28, 2021) - Summary : The Federal Aviation Administration Authorization Act does not preempt the “ABC test” for determining whether a...more

Buchalter

California Labor & Employment Law Update – New Laws to Take Effect in 2021

Buchalter on

California employers operate under the most comprehensive Labor Code and legal regime in the Nation. The past year has challenged employers with unprecedented compliance during a global pandemic, which has already led to an...more

McManis Faulkner

ABC, Not Quite as Easy as 1-2-3 – Examining the California Legal Landscape Post-AB 5

McManis Faulkner on

For many years, worker classification has been an ongoing battle in California. The issue of employee vs. independent contractor has spurred many lawsuits statewide, resulted in countless precedent-setting decisions, and led...more

Troutman Pepper

AB 2257: A Significant Expansion of California Independent Contractor Laws

Troutman Pepper on

Q: What are the details of Assembly Bill (AB) 2257 and how does it change the way I utilize independent contractors? ...more

Manatt, Phelps & Phillips, LLP

CA Legislature Overhauls AB 5 and Expands Family Leave Protections

On the last day of the two-year legislative session, Monday, August 31, 2020, the California legislature passed several sweeping pieces of legislation, which Governor Newsom is expected to sign within the next month. Although...more

Miles & Stockbridge P.C.

Uber and Lyft Drivers are Employees in California

In September 2019, the California legislature passed, and Governor Gavin Newsom signed into law, Assembly Bill 5 (“AB5”), which established a more stringent test for classifying workers as independent contractors. This...more

Allen Matkins

Do Directors Avoid Employee Status Under AB 5?

Allen Matkins on

California's new law, AB 5, broadens the definition of "employee" by adopting the so-called A-B-C test for employment status.  Recently, I commented on the possible ramifications of classification of outside directors as...more

Allen Matkins

Is California Threatening Director Independence?

Allen Matkins on

Publicly traded companies need to know whether a director qualifies as "independent" for a variety of reasons. Item 407 of Regulation S-K, for example, requires issuers to identify each director that is independent. In...more

Holland & Knight LLP

Federal Court Grants Temporary Restraining Order Prohibiting AB-5 from Applying to Motor Carriers Operating in California -...

Holland & Knight LLP on

California Assembly Bill 5 (AB-5), a law aimed at classifying most workers as employees rather than independent contractors, went into effect Jan. 1, 2020. However, the day before the law took effect, U.S. District Judge...more

Stoel Rives - World of Employment

2019: A Year to Forget for California Employers

From the California Supreme Court’s landmark decision in Dynamex to the passage of dozens of new employment laws, 2019 was an important year for California employers. While some of these new laws were discussed here, this...more

Holland & Knight LLP

New California Labor and Employment Laws for 2020

Holland & Knight LLP on

In 2019, California enacted numerous labor and employment laws. Unless otherwise noted, each of the laws listed below is effective on Jan. 1, 2020. This Holland & Knight alert highlights selected and significant new laws, as...more

Vedder Price

2020 California Employment Law Roundup

Vedder Price on

As 2019 draws to a close, employers in California have a busy new year ahead of them with expanded legal obligations, including significant new legislation regarding independent contractor status and mandatory arbitration...more

Mintz - Employment Viewpoints

California AB 5’s Impact on Board Directors and Advisory Members

AB 5’s elimination of independent contracting as we know it in California will have significant legal consequences for businesses doing business in California. While we believe board directors will escape its reach,...more

Sheppard Mullin Richter & Hampton LLP

Back to the Joint Employer: Having Changed the Classification Test for Independent Contractors, Will the California Legislature...

As reported... California recently enacted new legislation – Assembly Bill 5 – that expanded the scope of an “employee” under state law. Beginning January 1, 2020, the answer to whether a person providing services in...more

Proskauer - California Employment Law

Adjusting To The “New Normal” With AB 5 – A World Without Independent Contractors

On January 1, 2020, California’s new worker classification law known as Assembly Bill 5 (“AB 5”), goes into effect. AB 5 codifies the three-factor “ABC” test adopted by the California Supreme Court in its 2018 Dynamex...more

Proskauer - California Employment Law

California Employment Law Notes - November 2019

Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners - Hawkins v. City of Los Angeles, 40 Cal. App. 5th 384 (2019) - Todd Hawkins and Hyung Kim were terminated from their jobs as...more

Constangy, Brooks, Smith & Prophete, LLP

It's Time For California Employers To Get Their Check-Ups

Are you ready for these new laws that take effect January 1? Recently, Gov. Gavin Newsom (D) signed several measures into law providing for new rights and protections for California employees. The following provisions take...more

FordHarrison

California Appellate Court Applies Dynamex Retroactively

FordHarrison on

For a little over a year, California employers and courts have been wrestling with the impact of Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018), which dramatically altered the independent contractor...more

Greenberg Glusker LLP

When ABC Is Not As Easy As 1-2-3: New California Law Codifies “ABC Test” For Independent Contractors While Creating Exceptions For...

Greenberg Glusker LLP on

On September 18, California Governor Gavin Newsom signed Assembly Bill 5 (AB 5), which adds Section 2750.3 to the California Labor Code. This new law, which was highly anticipated and has far reaching implications for...more

Manatt, Phelps & Phillips, LLP

Landmark Legislation AB5 Codifies Dynamex ABC Test and More

In a signing statement on September 18, 2019, Governor Gavin Newsom declared Assembly Bill 5 “landmark legislation for workers and our economy.” AB5 codifies last year’s landmark decision, Dynamex Operations West, Inc. v....more

Hogan Lovells

Out of the Frying Pan: California’s New Contractor Law Answers Some Questions, Creates Many More

Hogan Lovells on

On September 18, 2019, California Governor Gavin Newsom signed into law a bill that attempts to settle some of the ambiguity that remained surrounding the California Supreme Court’s decision in Dynamex and its “ABC Test.”...more

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