Archive for the ‘Independent Contractor’ Category

Ninth Circuit Decides to Not Go Back to the Future, Depublishes Vasquez Decision

The Dynamex saga is back for a sequel. In a brief yet temporary win for employers, the Ninth Circuit Court of Appeals depublished its Vasquez opinion. Remember, in Dynamex Operations West v. Superior Court, the California Supreme Court adopted a new test, called the “ABC” test, for evaluating whether workers are properly classified as independent […]

23 Jul 19 - Independent Contractor - Matthew J. Roberts, Esq. - No CommentsRead More »

Hiring Retiree for Specific Projects as an Independent Contractor

One of my long-term employees recently retired and would like to do some occasional work for us in her spare time. Can we hire her as an independent contractor? Probably not. There are a number of different worker classifications in California, such as directly hired employees, leased workers, interns, volunteers and independent contractors. These classifications […]

20 May 19 - Independent Contractor - HRWatchdog - No CommentsRead More »

Dynamex Goes Back to the Future, DLSE Chimes in Too

Do you remember the movie “Back to the Future,” where a young Marty McFly goes back in time and, in doing so, potentially re-writes the present day?  Well movie fans, the Ninth Circuit Court of Appeals is also going back to the future for an independent contractor/Dynamex-related case that has important implications for employers. In […]

16 May 19 - Independent Contractor - Erika Frank - No CommentsRead More »

How DOL Opinion Letter on ‘Gig’ Economy Workers Affects California

The U.S. Department of Labor (DOL) recently issued an opinion letter, FLSA 2019-6, addressing whether a service provider for a virtual marketplace company (VMC) is an independent contractor or employee under the federal Fair Labor Standards Act (FLSA). A VMC operates in the “on-demand” or “sharing” economy and is generally an online and/or smartphone-based referral […]

9 May 19 - Independent Contractor - Erika Pickles - No CommentsRead More »

Informational Hearing Tuesday on Dynamex Decision

On April 30, 2018, the California Supreme Court issued its much-anticipated decision on which test should be applied when determining whether an individual is an employee or an independent contractor. The new test, called “ABC,” is more restrictive and could change how millions of Californians earn a living. The ABC test makes it harder to […]

26 Feb 19 - Independent Contractor - Katie Culliton - No CommentsRead More »