Category: ABC

Posted in ABC California

Ninth Circuit Joins California Court of Appeal in Rejecting FAAAA Preemption of AB 5 as Applied to Motor Carriers 

From JDSupra, Amy Patton and Tyler Runge discuss the decision by the Ninth Circuit Court of Appeals…

Posted in ABC California

9th Circuit says AB5 is Not Preempted by the Federal Aviation Administration Authorization Act (FAAAA)

In CTA V. Rob Bonta, No. 20-55107, D.C. No.3:18-cv-02458- BEN-BLM, the Ninth Circuit Court of Appeals reversed…

Posted in ABC California

Independent Contractors Denied Class Action Status Under the Dynamex ABC Test 

From JDSupra, Alison Tsao discusses a California Court of Appeal’s case in which the court did not…

Posted in ABC

The PRO Act Does not Need a Fix to Protect Freelancers like Me, but the Worker Flexibility Act Might

From Daily Kos, CanAmLefty argues that the Protecting the Right to Organize Act (the “PRO Act”) only…

Posted in ABC

PRO Act And ABC Test: No One Knows What The Effects Will Be

From Forbes, Erik Sherman provides an outstanding discussion of the possible effects of the Protecting the Right to…

Posted in ABC

FAQs, Myths & Facts About Anti-Independent Contractor Laws and the ABCs

The American Society of Journalists and Authors discusses the Protecting the Right to Organize Act (the “PRO…

Posted in ABC

No, The PRO Act Wouldn’t “Kill” Freelancing 

From Labor Law Lite, Brandon Magner discusses the Protecting the Right to Organize Act (the “PRO Act”)…

Posted in ABC

Employer-Friendly Independent Contractor Test is on the Chopping Block

From JDSupra, Meredith Dante, Jessica Federico and Mary O’Brien discuss the United States Department of Labor’s (“DOL”)…

Posted in ABC Arbitration

PRO Act Would Upend U.S. Labor Laws for Non-Union and Unionized Employers Alike

From JDSupra, Maury Baskin, Kevin Burke, Michael Lotito, and Alan Model discuss some of the key provisions…

Posted in ABC Arbitration Misclassification

A Resurrected PRO Act Could Pay Dividends For Big Labor This Time Around

From JDSupra, Steven Bernstein and Todd Lyon discuss the key aspects of the Protecting the Right to…

Posted in ABC Massachusetts

MA: Workers, Without Whom Company Would Cease to Exist, Are Not Outside the Usual Course of Company’s Business

From JDSupra, Richard Reibstein reports on a Massachusetts case in which the court applied Massachusetts’ ABC test…

Posted in ABC California

Worker Classification “ABC Test” is Retroactive, Per CA Supreme Court 

From JDSupra, Monte Grix discusses the recent case by the California Supreme Court that said that the…