FEDERAL COURT UPHOLDS CALIFORNIA’S AB5 ON EMPLOYEE CLASSIFICATION The full 11-judge panel of the Ninth Circuit Court of Appeals upheld California’s AB5, which redefined how courts determine whether workers are independent contractors or employees. This decision has significant implication for employers across the state. AB5, enacted in 2020 was originally...
INDEPENDENT CONTRACTOR STANDARD - CHANGED BY NLRB On June 13th, the National Labor Relations Board (“NLRB”) implemented a new ruling that brings about significant changes to the criteria employers employ when determining whether an individual qualifies as an independent contractor. The ruling rejects the previous SuperShuttle ruling, which emphasized entrepreneurial...
DOL Issues Long Awaited Proposed Rule on Independent Contractors The misclassification of employees as independent contractors is one of the most serious problems facing affected employees, employers, and the U.S. economy. The U.S. Department of Labor (“DOL”) has issued a proposed rule to clarify who is an independent contractor under...
INDEPENDENT CONTRACTORS VS EMPLOYEES - UPDATE The Fair Labor Standards Act (“FLSA”) addresses the misclassification of employees (“Eees”) as independent contractors (“ICs”). There has been a lot of litigation and attorneys fees expended in companies’ misclassifying employees. The U.S. Department of Labor (“DOL”) recently stated that it will revisit the...