independent contractor « Law Offices of Timothy Bowles | Top Employment Law Firm in Los Angeles

Posts Tagged ‘independent contractor’

WHAT’S NEW IN 2021: CALIFORNIA’S NEWEST INDEPENDENT CONTRACTOR LAW PART 3

“Fine Artists” and Other Clarified and Expanded Professional Services Exemptions Out of Sacramento’s political process has come passage of AB 2257 and new Labor Code 2778, effective September 4, 2020, providing a broader list of professional services exemptions from the rigid “ABC” test for independent contractor classification. See, Bullet Dodging Part 2 – California’s “Professional Services” […]

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WHAT’S NEW IN 2021: CALIFORNIA’S NEWEST INDEPENDENT CONTRACTOR LAW PART 2

Revised Referral Agency Exception Effective September 4, 2020, Assembly Bill (AB) 2257 and Labor Code section 2777 broaden  the “referral agency” exception to the state’s strict “ABC” definition of independent contractors. A referral agency is a “business that provides clients with referrals for service providers to provide services under a contract,” other than the specific […]

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WHAT’S NEW IN 2021: CALIFORNIA’S NEWEST INDEPENDENT CONTRACTOR LAW PART I

Revamped Business-To-Business Exceptions  Effective September 4, 2020, Assembly Bill (AB) 2257– through Labor Code section 2776 – modifies and expands exemptions for bona fide business-to-business contracting relationships from the severe ABC independent contractor test. The more-forgiving Borello multi-factor balancing test will continue determine contractor vs. employee status for such associations. A business entity providing services […]

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GAGGING THE GIGS, PLAN B

California Remodels Exceptions to Its Strict Independent Contractor Test Beginning with the California Supreme Court’s Dynamex Operations West, Inc. v. Superior Court decision (April, 2018) and continuing with the passage of AB 5, effective January 1, 2020, state policymakers have sought to limit the definition of “independent contractors” under a severe ABC test. The trend […]

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TRAFFIC SLAMMING

New Fronts on California’s War Against Uber and Lyft Uber and Lyft have successfully battled suits seeking to prevent the companies from classifying their drivers as independent contractors, until now. On August 10 – in a misclassification action pending in San Francisco – the court issued a preliminary injunction requiring Uber and Lyft to convert […]

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TAKE THE LEAD

Model Employee Handbook and Forms; COVID-19 Policies As many California employers welcome back workers laid off by pandemic conditions, best practices include ensuring policies and forms are up-to-date. We are daily guiding managers through this process with particular eye on sound COVID-19 protocols. Our model forms include: Pandemic recovery and prevention procedures; Paid sick leave […]

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CALLING OUT BIG GIG

California Wants Uber and Lyft Drivers as Employees It seemed like a good idea at the time: the rapid growth of Uber-style “gig economy” business models ostensibly offering a win-win of worker freedom and consumer convenience. Yet, California government came to another conception of such arrangements: presumed exploitation. Hence enter AB 5 and its hardball […]

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BUSINESS AS UNUSUAL

COVID 19-Generated Expansions to Our Model Employee Handbook and Forms The current pandemic has been a game-changing wake-up call for us all. Our firm is proud to be helping clients through the maze of COVID-19 generated workplace laws, much of it from Congress’s hasty construction. Accordingly, we have expanded our 2020 model employment handbook and […]

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ROADKILL

Federal Court Denies Uber Request to Stop AB5 In a blow to the gig economy, a Los Angeles federal court has ruled that Uber, Postmates and two individual plaintiffs are unlikely to succeed on their constitutional challenges to AB5. Olson v. State of California (Olson).  While noting the potential harm Uber and the other plaintiffs […]

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THE MYSTERY OF IT ALL

Lony Chaney, 1920 Employed or Independent? California Offers AB5 Answers The hottest California employment question of late: do independent contractors still exist? The  California Supreme Court’s 2018 Dynamex  decision turned independent classification on its head, imposing a strict “ABC” contrary to decades of law and custom.  The legislature followed suit with Assembly Bill (AB) 5, […]

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