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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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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Another FedEx Worker Misclassification Case Settled for $227 million
May 9th, 2017

Last week FedEx announced that it had reached a $227 million joint settlement of independent contractor misclassification class action lawsuits across 19 states.

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Connecticut Supreme Court Ruling Provides Insight on Independent Contractor Classification
March 28th, 2017

Our legal team is constantly monitoring the legal landscape for new legislation and court rulings which impact the contingent workforce, including a recent case in Connecticut concerning independent contractor classification.

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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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Oklahoma Fights Worker Misclassification
Oklahoma Becomes 35th State to Sign Worker Misclassification Agreement with the DOL
October 6th, 2016

The U.S. Department of Labor’s Wage and Hour Division continues its aggressive push on worker misclassification enforcement. Recently the DOL and the Oklahoma Employment Security Commission signed a three-year Memorandum of Understanding…

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North Carolina Fights Worker Misclassification
North Carolina Becomes 33rd State to Join the DOL in Fighting Worker Misclassification
September 7th, 2016

Last week the US Department of Labor’s (DOL) Wage and Hour Division and the North Carolina Industrial Commission signed a three-year memorandum of understanding to work together to reduce the misclassification of workers as independent contractors or other nonemployee statuses.

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There's Much More

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