Topic
worker classification
979 published works
Milikowsky Tax Law Blog
How to respond to an EDD Audit Letter or Site Visit
The California Employment Development Department EDD performs audits to detect and deter fraud involving employment law, including, but not limited to employment misclassification, payroll tax evasion and employment tax. If…
Milikowsky Tax Law Blog
How to respond to an EDD Audit Letter or Site Visit
The California Employment Development Department EDD performs audits to detect and deter fraud involving employment law, including, but not limited to employment misclassification, payroll tax evasion and employment tax. If…
GT L&E Blog
Collision: Collateral Effects of California’s Lawsuits Against Lyft and Uber
The California Labor Commissioner’s Office has challenged Uber and Lyft in two new state-backed lawsuits that allege that the companies have engaged in “wage theft” by misclassifying their drivers as independent…
Who Is My Employee?
Never Surrender: Appeals Court Grants Reprieve for Ride Share App Companies; Focus Turns to Prop 22.
Thank you to Canadian singer Corey Hart for providing the theme to this week’s post. The Number 3 song this week in 1985 opens with, “Just a little more time…
Ogletree Deakins Insights
NLRB Strips Employer of Dancers’ Independent Contractor Status
By By Samuel H. Ottinger, Wade M. Fricke
In a decision that may be useful to employers deciding whether workers should be classified as independent contractors or employees, the National Labor Relations Board (NLRB) found that an exotic…
ContractsProf Blog
Uber and Lyft drivers in CA
In a previous post, I blogged about the legal (and particularly, legislative) constraints on private parties to recharacterize legally defined relationships such as calling an employee an independent contractor. In…
Labor Days
California Court Says Uber and Lyft Drivers Are Employees, Not Contractors
By Mark A. Konkel, Nicholas J. Kromka
Uber and Lyft may be longing, ironically enough, for the days when COVID-19 was the most immediate existential threat to their businesses. But now a California court has ruled that…
Gig Employer Blog
Is This The New Normal For Gig Economy Companies? San Francisco Seeks To Force DoorDash To Classify Workers As Employees
Last week’s successful effort by California’s Attorney General to obtain an injunction forcing two ride-sharing giants to reclassify their drivers as employees may be the beginning of a trend that…
Who Is My Employee?
Something Is Rotten in the State of California? Ride Share Misclassification Ruling Is Merely Act I
“To be or not to be” are the opening words of a soliloquy by Prince Hamlet. With that, I have exhausted what I remember about Shakespearean plays without consulting Wikipedia.…
Employer Perspectives
Worker or self-employed? Changing contract terms may be relevant
As everyone is aware, there has been and continues to be a line of “Gig economy” cases where the question is whether an individual is engaged as a worker or…