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16 search results for: "independent contractor"


Dynamex and the Independent Contractor Landscape

A friend and colleague, Alan Foster, asked me to write an article for his newsletter regarding independent contractors under Dynamex. I’ve seen articles, presentations and blog posts about the dramatic shift in the law regarding independent contractor versus employee tests. I have a slightly different take. The following is my take on the independent contractor landscape. […]


EDD and Labor Commission Provide Guidance: Employee Versus Independent Contractor

The EDD and the DLSE (Labor Commissioner) are hosting on a free seminar throughout California regarding how to classify a worker as an employee versus independent contractor.  In the San Francisco Bay Area, the next one is in Dublin on February 11th.  For other dates and times, you can check the EDD’s website. Employee Versus Independent Contractor There are […]


Truck Drivers are Employees Not Independent Contractors

In Garcia v. Seacon Logix, Plaintiff truck drivers sued Seacon Logix, Inc. under Labor Code section 2802 for reimbursement of paycheck deductions, contending that they should have been classified as employees, not independent contractors.  The trial court agreed and awarded damages for specified paycheck deductions.  Seacon appealed contending the truck drivers are employees not independent contractors. […]


Labor Commissioner Takes Expansive View of ABC

The ABC Test established by Dynamex made it difficult for employers to classify workers as independent contractors for claims “under the wage orders.” But what does that really mean? Which cases are “claims under the wage orders?” Not surprisingly, the Labor Commissioner takes a very broad view of the ABC test’s applicability. The Labor Commissioner […]


Fall 2018 New Employment Laws – Part 3 Joint Liability

Fall 2018 New Employment Laws – Part 3 Now that the candy and costumes are gone, we have more updates and tweaks to California employment law to report. This week we focus on a joint liability. Yay! More ways employers can be liable for the mistakes of others. SB 1402 expands joint liability for truckers. […]


Employing Private Household Caregivers

Practical Considerations for Employing Private Household Caregivers Last June, Bender’s California Labor & Employment Law Bulletin published an article I co-wrote with a colleague, Carmela Woll, regarding employing private household caregivers. The article contains a lot of useful information for employers and employees to consider when hiring or working as a caregiver, and is similar […]


Labor Law and Payroll Tax Seminar

Labor Law and Payroll Tax Seminar The California Employment Development Department (EDD) and the Division of Labor Standards Enforcement (DLSE or Labor Commissioner) are hosting a free seminar regarding labor law issues, wage and hour requirements and payroll tax issues. The presentation will cover: Record keeping requirements Reporting requirements Employer obligations Payment requirements Common wage […]