Dynamex ruling creates seismic shift in California labor law

dynamex seismic shift
Dynamex ruling creates seismic shift in California labor law
May 16th, 2018

On April 30th, there was a tectonic shift in California that didn’t involve a major fault line. The California Supreme Court’s heavily-anticipated Dynamex decision resulted in what may become a new legal standard that will be applied, not just to this case, but broadly across the state. Specifically, the court departed from applying the previous […]

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Dynamex ABC test
ABC independent contractor test used in Dynamex ruling
May 10th, 2018

The California Supreme Court published their long-awaited Dynamex decision on April 30, 2018. The court had been asked to determine which standards apply when evaluating whether workers are employees or independent contractors under California’s Wage Orders. Wage Orders in California dictate the wage, hour, and working condition requirements for specific industries, including the manufacturing industry, […]

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Independent Contractors by Default?
August 14th, 2017

Working in the world of independent contractor compliance, I often hear the phrase “Doesn’t that make him an independent contractor by default?” From MSP program managers to procurement directors and beyond, the desire for a “default” independent contractor status is pervasive.

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Department of Labor Withdraws Recent Independent Contractor Misclassification Guidance
June 12th, 2017

The US Department of Labor issued a news release on June 7, 2017 announcing that it is withdrawing two recent administrative interpretations relating to misclassification of independent contractors and joint employment. These guidelines were widely interpreted as expanding the definition of an employee, thereby increasing the possibility of misclassification cases, and also expanding the concept of joint employment under the Fair Labor Standards Act.

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Federal Legislation Introduced to Advance Portable Benefits for Independent Workers
June 7th, 2017

In late May, US Sen. Mark R. Warner (D-Virginia) and US Rep. Suzan DelBene (D-Washington) introduced legislation designed to test and evaluate portable benefit models designed for the independent workforce. The legislation proposes to establish a grant fund to incentivize states, localities and nonprofit organizations to experiment with portable benefits models.

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New York City Law Imposes Additional Requirements for Companies That Contract with Freelancers
May 31st, 2017

New York City’s Establishing Protections for Freelance Workers Act, also known as the Freelance Isn’t Free Act, has been widely covered in the media. This law, one of the first in the nation aimed at protecting wage payment rights of freelance workers, became effective May 15, 2017.

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CA Supreme Court
California Supreme Court to Review Case with Significant Impact for Independent Contractors
May 24th, 2017

The California Supreme Court has agreed to review a controversial Court of Appeal decision which, if affirmed, could dramatically expand the definition of an employee in California. The Supreme Court’s opinion is expected to be significant for companies that want to engage independent contractors in California.

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Florida State Seal
New Florida Law Will Benefit Gig Economy Companies and Independent Workers
May 3rd, 2017

Florida is about to enact revolutionary new legislation that will ensure most ride-sharing drivers are independent contractors and not employees.

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New York City’s Freelance Isn’t Free Act: Be Aware, Not Wary
January 18th, 2017

New York City’s Freelance Isn’t Free Act leaves a lot open to interpretation, however, its goals are to establish and enhance protections for freelancers by creating and protecting their right to a written contract, timely payment, and freedom from retaliation should they choose to enforce their protections under the Act.

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US Department of Labor Launches Educational Webpage Focused on Independent Contractor Misclassification
December 28th, 2016

As yet another sign of its commitment to combatting independent contractor misclassification, the US Department of Labor recently launched a new educational webpage on the topic.

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Pennsylvania Launches Worker Misclassification Campaign
Worker Misclassification Awareness Campaign Launched in Pennsylvania
October 25th, 2016

Following on the heels of their recent worker misclassification enforcement partnership with the DOL, the Pennsylvania Department of Labor & Industry has launched a statewide public awareness campaign about worker misclassification.

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There's Much More

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