It’s been nearly six months since the California Supreme Court announced that employers and government agencies were using the wrong test to determine who’s an independent contractor. In Dynamex Operations West, Inc. v. Superior Court, the court declared that employers must meet the three-prong ABC test to overcome the presumption of employment status. But
Dynamex Operations West Inc. v. Superior Court
Salary History Ban Clarified as California Awaits News on Major Bills Impacting Employers
By Nancy Yaffe on
Posted in Advice & Counseling
It is that time of year. We continue to wait for the Governor to sign or veto some controversial bills such as:
- The Stand Act (prohibiting confidentiality in harassment and sexual assault settlements); and
- AB 3080 (prohibiting mandatory arbitration for new and current employees, but presumably allowing arbitration with an opt out, and prohibiting nondisclosure
…
California Law Protects Workers’ Rights – Who Knew?
By Jeffrey D. Polsky on
Employers are still reeling from last week’s decision in Dynamex Operations West, Inc. v. Superior Court, in which the California Supreme Court said that employers (and even a state agency that protects workers) were using the wrong standard to distinguish employees and independent contractors under the state’s Wage Orders. A month before that, in …
CA Supreme Court Turns Independent Contractor Analysis on its Head
By Jeffrey D. Polsky on
Posted in Class Actions, Wage and Hour
Determining whether a California worker is an independent contractor or an employee has always been difficult. Judges deciding the issue have complained that the test used by California courts “provides nothing remotely close to a clear answer.” Then there was the nail salon that was told by one state agency that its workers were employees …