Topic
worker classification
979 published works
Wage & Hour - Developments & Highlights
New Jersey DOL Very Tough on Supposed Misclassification of Independent Contractors
The New Jersey DOL is very aggressive on the issue of independent contractor status, i.e. the issue of misclassification. The latest, perhaps best (or worst) illustration of this view is…
Carmody @ Work
Worker Classification Uncertain in California
By Holly Wheeler, Sarah S. Healey
A year ago, the California Supreme Court’s Dynamex ruling complicated the classification of workers as independent contractors. Employers are still trying to determine how the decision affects them, especially as…
The Employer Report
Scratch That: The ABC Test Might Not Apply Retroactively
By Michael E. Brewer, Stephanie Priel
On July 22, 2019, a three-judge panel for the Ninth Circuit withdrew its holding that Dynamex Operations West, Inc. v. Superior Court—the landmark California Supreme Court decision that makes it…
Who Is My Employee?
Do Over for California’s ABC Test? Retroactivity Issue is Headed Back to the State Supreme Court
“Placido Domingo’s pretty great, but I also love Pavarotti.” In Hampshire, England, there is a veterinarian who sings opera to cows. Now if your spidey-sense is as tingly as mine,…
PrawfsBlawg
Classifying Gig Workers Misses the Bigger Picture
Main Wednesday, July 24, 2019Classifying Gig Workers Misses the Bigger PictureI have a new article out today in the Harvard Business Review - The Debate Over How to Classify Gig…
California Employment Law
Dynamex: Looking Back at Retroactivity
The gift that keeps on giving, the California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court is getting a fresh look to determine whether it applies retroactively. For the…
PrawfsBlawg
Rapid Changes in Law & Scholarship: Gig Work Edition
Main Tuesday, July 23, 2019Rapid Changes in Law & Scholarship: Gig Work EditionI thought I’d take a short break from my junior interdisciplinary prawfs series (here are posts 1 and…
Wage & Hour - Developments & Highlights
Referees Settle Independent Contractor FLSA Action: No “Penalty” for Either Side
The issue of whether athletic referees are independent contractors has surfaced a few times in the last few years. Here, in Pennsylvania, the Pennsylvania Interscholastic Athletic Association (the PIAA) that…
The Contractor's Perspective
Government contractor pleads guilty to fraud for paying drivers as independent contractors
Paying workers as independent contractors instead of as employees may land a former executive in jail for criminal wire fraud. On June 12, 2019, the former operations manager and vice president…
The Employer Report
California Assembly Passes Bill Codifying “ABC” Test For Independent Contractor Determination
By Stephanie Priel, Robin Samuel
The California State Assembly passes a Bill that codifies the infamous "ABC" test for independent contractor determination -- will the Senate follow suit, and will the Governor sign the new…