California

California Supreme Court Set to Address Fate of Independent Contracting 

California

    From JDSupra, Seyfarth Shaw warns of a case in California that “would effectively eliminate independent contractor status for any use in California.”  Seyfarth Shaw writes: employers are likely to change their tune based on the regulatory environment and any significant judicial rulings narrowing the use of independent contractors. One such potential ruling could come…

Man alleges Laboratory Express Inc. misclassified him as an independent contractor 

Courier in car

  From Northern California Record, Philip Gonzales reports that a former courier is seeking damages for being classified as an independent contractor and is asking to be the representative in a class action lawsuit. The courier worked for five (5) months and has filed a class action lawsuit showing the risks of classifying workers as independent contractors.…

Uber and the Battle Over Workers’ Comp

uber-woman-ride-in-the-back-seat

    From IWPharmacy, Danielle Jaffee discusses how Uber’s classification of its drivers as independent contractors affects drivers ability to obtain workers compensation benefits.  Danielle reviews what has happened in California and Alaska and describes a unique approach that New York has adopted.  Danielle writes: For example, in 2015 after facing an investigation by Alaska regarding…

Uber Wants Court Stamp on Arbitration Win as Hint to Drivers

Uber rider waiting for Uber

  From Bloomberg, Edvard Pettersson and Joel Rosenblatt discuss Uber’s efforts to have a judge confirm an arbitrator’s decision that an Uber driver was an employee.  A recent California case said that an arbitration clause may require drivers to arbitrate any claims. Edvard and Joel write: Uber Technologies Inc. is asking a California judge to grant…

Uber Driver Is Independent Contractor, Arbitrator Rules 

Uber X from the backseat

  From The Recorder, Ben Hancock reports on a decision by a California arbitrator that a driver for Uber was an independent contractor.  Ben writes: Attorneys for Uber Technologies Inc. have successfully persuaded a private arbitrator that a California driver for the transportation company is an independent contractor, not an employee, in the first arbitration…

The Concept Of Independent Contractor Is Under Assault

California

    From Lexology, Buchalter Nemer discusses the challenges of classifying a worker as an independent contractor in California.  Buchalter writes: One of the problems fueling the independent contractor hotbed of legal activity is that the traditional common law test, the so-called “right- to- control-test” outlined by the California Supreme Court 25 years ago in S.G. Borello…

Misclassification as an Independent Contractor

California

The Cooper Law Firm shares information about the California test for classifying workers as employees or independent contractors and what some of the remedies are.  They write: California Test If you own your own business and provide services to a number of customers on your own schedule, you are probably an independent contractor. If you primarily…

Drivers win $5-million settlement in latest victory against trucking companies 

long haul truck

From the LA Times, Natalie Kitroeff reports on a settlement between trucking companies and drivers in southern California.  Natalie writes:   A group of trucking companies in Southern California will pay $5 million to settle a class-action lawsuit brought by drivers who alleged that they were improperly treated as independent contractors, according to a court filing…

San Francisco forms gig economy task force

Golden gate bridge california

Staffing Industry Analysts report that San Francisco has created a task force to provide policy recommendations to the city. San Francisco created a “Gig Taskforce” to interface with workers in the gig workforce and other thought leaders to provide administrative and policy recommendations to the Board of Supervisors and the mayor. “The ‘Gig Economy’ is a…

Rural hospital bill passes key test in California 

two woman doctors in a hospital

    From State of Reform, Zack Hale reports on a bill recently passed by the California Assembly that would allow rural hospitals to directly employ doctors; currently, rural hospitals are prohibited from directly hiring doctors as employees.  Historically, there has been concern that non-doctors employing and/or supervising doctors might affect the practice of medicine.  However,…