Topic
Employee Classification
240 published works
Who Is My Employee?
G-L-O-R-I-A! California Court says to use different tests for different IC misclassification claims
If someone were to ask whether you like the song, “Gloria,” you’d be right to ask, “Which version?” There’s the version written by Van Morrison and recorded by his band…
California Public Safety Labor Blog
David P. Mastagni Interviewed About Independent Contractor Ruling
Earlier this year, the California Supreme Court cracked down on companies taking advantage of workers by calling them independent contractors when they're really employees. Before the ruling, many employers claimed…
CAP·impact
The CAP·impact Podcast – Episode 21: Dynamex Decoded
By Capital Center for Law & Policy, Jon Wainwright, Chris Micheli
On today's episode of The CAP·impact Podcast, I sit down with McGeorge adjunct professor, and very good friend of the podcast, Chris Micheli, to talk about recent California Supreme Court…
Labor Law Prof Blog
Ring on EE/IC (or Why LEL Folks Should Be Paying Attention to Tax Law)
Diane Ring (Boston College) has just posted on SSRN her article Silos and First Movers in the Sharing Economy Debates. Here's the abstract:Over the past few years, a significant global…
California Employment Law Update
Delivery Drivers Were Improperly Classified As Independent Contractors
By Tony Oncidi
Dynamex Operations West, Inc. v. Superior Court, 2018 WL 1999120 (Cal. S. Ct. 2018) Two delivery drivers for Dynamex filed this putative class action on behalf of similarly situated drivers,…
San Francisco Employment Law Firm Blog
California Broadens The “Employee” Definition in Employee / Independent Contractor Distinction
By Arkady Itkin
On April 30, 2018, the California Supreme Court issued its unanimous ruling in Dynamex Operations West, Inc., v Superior Court, making it even harder for companies to classify workers as independent…
Labor & Employment Law Blog
The Dynamex Decision: The California Supreme Court Restricts Use of Independent Contractors
By Timothy Kim
On Monday, April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles. In a voluminous,…
California Employment Law Update
Class Certification Was Properly Denied In Outside Sales Exemption Case
By Tony Oncidi
Duran v. U.S. Bank Nat’l Ass’n, 19 Cal. App. 5th 630 (2018) Samuel Duran and Matt Fitzsimmons filed this wage-and-hour class action challenging the Bank’s classification of its business banking…
Labor Law Prof Blog
Employee Under Right to Control, but Not Economic Realities?
Ken Dau-Schmidt asks the following question--if anyone has a case that comes to mind you can email Ken or, better yet, post a comment, as I couldn't think of an…
SimplyHR
DOL brings back opinion letters in 2018
On January 5, 2018, the Department of Labor (DOL) Wage and Hour Division reissued 17 opinion letters to shed light on the DOL’s stance on numerous issues under the Fair…