California

Calif. Labor Commissioner Sides with Drivers on XPO Driver Wage and Hour Claims

view of a truck from the front

  From Top Class Actions, Tamara Burns discusses the cases of alleged misclassification in California of drivers.  Tarama writes: Earlier this year, the California Labor Commissioner ruled that several drivers classified as independent contractors by XPO Logistics were misclassified, according to an article by PR Newswire. The Labor Commission granted awards to four port and rail drivers,…

Builders responsible for construction wage theft in CA bill 

California

  From the Sacramento Bee, Alexei Koseff writes about a California bill that would require general contractors to pay the wages of subcontractors if the subcontractors didn’t.  Alexei writes: A contentious proposal that would put California builders on the hook for wage theft violations by their subcontractors has advanced to Gov. Jerry Brown after a last-minute…

San Francisco Encourages Worker Empowerment with New Gig Economy Guidance 

San Francisco doodle

  From JDSupra, Bailey Bifoss discusses efforts by San Francisco to help workers in the gig economy.  Bailey writes:  [O]n September 1, 2017, a team comprised of the Office of Economic and Workforce Development (OEWD), the Department of Technology, and Supervisor Mark Farrell, in partnership with Samaschool (a local nonprofit specializing in market-aligned online work competency) published…

Labor Commissioner’s Office Files $6.3 Million Misclassification and Wage Theft Lawsuit against Glendale Construction Company 

two construction workers

MarketsInsider shares a press release from PRNewswire reporting that the California Labor Commissioner filed a lawsuit alleging 175 workers had been misclassified.  The press release states: LOS ANGELES, Aug. 14, 2017 /PRNewswire-USNewswire/ — The Labor Commissioner’s Office has filed a lawsuit against Calcrete Construction, Inc. seeking $6,300,338 for multiple wage theft violations affecting a group of 249 construction workers…

Independent Contractors & Consultants Can be Subject to Conflict of Interest Laws – California Supreme Court Sets New Precedent for GC Section 1090

California

From JDSupra, Michael Maurer and Gary Schons discuss a recent California Supreme Court case which said independent contractors were “employees” and subject to a California conflict of interest statute: In a watershed decision, the California Supreme Court held that independent contractors and consultants can be considered “employees” and subject to the conflict of interest provisions of Government Code…

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…