Archive for the ‘Independent Contractor’ Category

Fact or Fiction: “Independent Contractor” Has the Same Meaning for All Government Agencies

Fiction: If one government agency determines an employee is an independent contractor for one purpose, it does not mean a different government agency will reach the same conclusion. Generally, the right to control the manner and means by which the individual performs his or her services is the most important factor, but you have to […]

8 Jun 15 - Independent Contractor - Gail Cecchettini Whaley - No CommentsRead More »

Employees or Independent Contractors? Uber, Lyft Drivers Can Proceed With Claims

Ride services Uber and Lyft have faced lawsuits from drivers claiming that they were misclassified as independent contractors when they should be classified as employees. The misclassification, according to the drivers, meant they were denied protections under California wage-and-hour laws, such as being paid the minimum wage and expense reimbursements for gas and vehicle maintenance. […]

12 Mar 15 - Compensation, Independent Contractor - Gail Cecchettini Whaley - No CommentsRead More »

CalChamber: Don’t Make One Employer Liable for Another’s Independent Contractor Misclassification

The California Chamber of Commerce joined a “friend of the court” brief arguing for the application of the plain meaning of the California law regarding “willful misclassification” of independent contractors. Also signing the brief in the case of Noe v. Superior Court were the U.S. Chamber of Commerce and the Civil Justice Association of California. […]

11 Mar 15 - Independent Contractor, Workplace Policies - Gail Cecchettini Whaley - No CommentsRead More »

California Supreme Court Will Review Independent Contractor Test

The California Supreme Court will decide what test should be applied when workers bring class action lawsuits alleging that wage-and-hour violations occurred because they were improperly classified as independent contractors. In most situations, an employer’s right to control the details of an individual’s work, appearance, job duties, work schedule and other details dictates whether the […]

5 Feb 15 - Independent Contractor - Gail Cecchettini Whaley - No CommentsRead More »