Category: California

Posted in California

New California Law Imposes Costly Risks to Companies Using Independent Contractors Supplied by Staffing and Recruiting Firms – But Risks Can Be Minimized

From Independent Contractor Compliance and Misclassification Legal Blog — “On September 28, 2014, Governor Jerry Brown of California signed a…

Posted in California

The California “Work Made for Hire” Trap: Your Consultant May Be Your Employee

From Satya Narayan at the Royse Law Firm, PC Most consulting/ contractor agreements will include a boilerplate…

Posted in California

1 in 6 California construction workers labors in shadows, study finds

From the LA Times — “Informal workers are growing part of California’s economy — a shift keenly…

Posted in California Oregon

Ninth Circuit Reverses District Court, Rules FedEx Drivers in California and Oregon are Employees

From the Employment Law Spotlight  – The driver-as-independent-contractor model has been under attack for years, with federal and…

Posted in California

California Supreme Court Holds Independent Contractor Misclassification Claims Can Be Determined by Common Proof – But Only in Certain Circumstances

From  Littler Mendelson — [note:  this is the best article I’ve seen on the Ayala v. Antelope Valley Newspapers,…

Posted in Arbitration California

California Court of Appeal Enforces Contractor’s Agreement to Arbitrate Misclassification Claims Out of State

From the National Law Review — “This case is important for two reasons:  (1) the court upheld…

Posted in California

Nailing Down Independent Contractor Status

From HG.org — Erin Mindoro provides an excellent review of the Happy Nails and other independent contractor cases — Happy…

Posted in California

Cal. Supreme Court Clarifies Standards for Class Certification of Independent Contract Class Actions

From Sheppard Mullin Richter & Hampton LLP — The California Supreme Court said that the standard for certifying a…

Posted in California

Owner Liable For Unpaid Wages And Liquidated Damages for Misclassifying Workers as Independent Contractors

From Mondaq Employment and HR — Following an investigation into certain residential treatment facilities for the elderly, disabled and…

Posted in California

9th Circuit Shows No Affinity For Independent Contractor Status In Delivery Drivers

From Mondaq Employment and HR In Ruiz v. Affinity Logistics Corporation, the Court of Appeals rejected the district…

Posted in California

California: When is an Independent Contractor Actually an Employee?

From Rukin Hyland Doria & Tindall LLP — The U.S. Department of Labor has published a worksheet that describes…

Posted in California

Another Logistics and Delivery Company Found to Have Misclassified its Drivers as Independent Contractors

From the  Independent Contractor Compliance and Misclassification Legal Blog — The Ninth Circuit set forth the governing law in…