Seyfarth Synopsis: In a unanimous decision, the California Supreme Court held that the worker friendly “ABC” test set forth by the Court in its 2018 landmark ruling, Dynamex Operations West, Inc. v. Superior Court, applies retroactively. The ABC test thus applies to all pending cases governed by the California Wage Orders in determining whether a worker is an
Continue Reading As Easy as 1-2-3, Court Rules ABC Test Applies Retroactively
AB 2257: Sweeping Changes To AB 5 Independent Contractor Law
Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5, a landmark piece of legislation governing their relationships with independent contractors, took effect on January 1, 2020. Now, with the passage, executive signature, and immediate enactment of Assembly Bill 2257, businesses must once again adapt to another drastic shift in the employee
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Something’s Afoot in Tinsel Town: New Laws for the Entertainment Industry
Seyfarth Synopsis: Two new California laws are set to significantly affect the entertainment industry: one will deal a giant blow to productions and studios accustomed to hiring independent contractors; the other will give print shoot productions the opportunity to process payments with regular payroll and avoid liability for not issuing payments at wrap.
Some Not-So-Entertaining News
California’s landmark Assembly Bill
Continue Reading Something’s Afoot in Tinsel Town: New Laws for the Entertainment Industry
Legislative Update: Governor Newsom Pens Halloween Terrors for California Employers
Seyfarth Synopsis: Governor Newsom has approved some of the bills most feared by employers, including bills to ban employment arbitration, extend FEHA administrative deadlines, codify the Dynamex ABC test, and create San Francisco-style lactation-accommodation requirements. Governor Newsom also vetoed a few bills that we might expect to be re-introduced in the same or similar form during 2020.
Governor Newsom acted
Continue Reading Legislative Update: Governor Newsom Pens Halloween Terrors for California Employers
California Employment Legislative Update: Governor Newsom Gets to Work
Seyfarth Synopsis: The California Legislature has passed a series of bills for Governor Newsom to consider. He now has until October 13 to approve or veto bills such as a Dynamex codification bill and a San Francisco-inspired lactation accommodation bill.
Friday, September 13th marked the Legislature’s last day to pass bills to Governor Newsom’s desk for approval in the first
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Who Are Independent (Contractors)? Throw Your Hands Up At Me!
Seyfarth Synopsis: California’s hotly contested and closely followed AB 5 independent contractor bill, which would extend the ABC test beyond Wage Order claims, just passed the California Senate, and now heads back to the State Assembly for reconciliation before going to Governor Newsom’s desk for his expected signature.
Tell Me What You Think About Me: The Destiny of AB 5
Continue Reading Who Are Independent (Contractors)? Throw Your Hands Up At Me!
Companies Remain In Suspense On AB 5 Independent Contractor Bill
Seyfarth Synopsis: The hotly contested AB 5 was put on hold, but is widely expected to be revived before the end of the legislative session.
On August 13, 2019, the California Senate Appropriations Committee held a short hearing on Assembly Bill 5. AB 5, if enacted into law, would codify the “ABC Test” for employee status adopted
Continue Reading Companies Remain In Suspense On AB 5 Independent Contractor Bill
Hiring Influencers: Are You Playing With Fyre?
Seyfarth Synopsis: Companies marketing through social media are likely familiar with social media influencers like the Kardashian/Jenners in cosmetics, DanTDM in gaming, and Kayla Itsines in fitness. California companies using the services of such influencers must be mindful, as always, of California peculiarities when it comes to classifying these individuals as contractors or employees.
As anyone who
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California Supremes Prescribe “ABC” Test for Independent Contractor Status
On April 30, 2018, the California Supreme Court issued a long-awaited opinion in which it considered which test should be used to decide whether a worker asserting claims under a California Wage Order is an employee or an independent contractor. The following Seyfarth One Minute Memo summarizes the case and what it means for employers.
Seyfarth Synopsis: The California Supreme
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California Supreme Court Set to Address Fate of Independent Contracting
Seyfarth Synopsis: The California Supreme Court, in Dynamex Operations v. Superior Court, has agreed to address the legal standard for determining whether a worker classified as an independent contractor is really an employee. The Supreme Court’s opinion is expected to be significant for anyone thinking of using independent contractors in California.
The Future of Work: A Surging Demand for
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