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Articles Posted in misclassification

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How California Employers Can Avoid Employee Misclassification

As Los Angeles employment lawyers, our focus is advocating for workers whose legal rights as employees have been violated by their employer. Most people immediately think of workplace issues with discrimination, harassment, wrongful termination, etc. But it often involves classifying employees improperly – categorizing them as independent contractors as opposed…

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Gig Employers Want California Worker Classification Law Declared Unconstitutional

Lawyers for two large “gig” employers want California’s worker classification law declared unconstitutional by a federal appellate court, which they are lobbying to block its enforcement. The U.S. Court of Appeals for the Ninth Circuit is slated to hear arguments from attorneys for Uber and Postmates that that the state…

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California Misclassification Lawsuit Settles for $16 Million

A California misclassification lawsuit was recently settled for nearly $16 million. The case involved hundreds of franchisees for an Ohio-based tool company, which was accused of wrongly classifying employee distributors as independent contractors. The business model include selling the company’s tools at wholesale costs ,to be sold to consumers at…

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Court: California Can Enforce AB5 Against Trucking Companies for Employee Misclassification

The State of California can begin enforcing a labor law geared to combat employee misclassification that trucking companies say will force them to eliminate the use of independent owner-operators. The 9th Circuit Court of Appeals ruled that a judge in San Diego was wrong to hand down an injunction barring…

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Regulators Target Gig Economy for Crackdown on Wage and Hour Violations

In the first AB5 enforcement lawsuit over California wage and hour violations, the state labor commissioner alleges that a gig-economy car wash company in Southern California is breaking the law by misclassifying workers as independent contractors when in fact they are employees. It’s the same argument that has been made…

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California Employee Misclassification at Issue in State’s Uber, Lyft Lawsuit

The State of California is suing the nation’s two biggest ride-share companies, asserting violations of a new state law against employee misclassification. As our Los Angeles employee misclassification attorneys can explain, at issue is the fact that the firms are treating their workers as if they are independent contractors as…

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Journalists May Be Exempted from AB5, California’s Contractor Law

Freelance journalists may soon be exempted from the controversial Assembly Bill 5, which went into effect Jan. 1st. The new law codified the California Supreme Court’s ruling in the Dynamex case, which established an “ABC test” for ascertaining whether workers are misclassified as independent contractors when in fact they should…

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Should Amway Sellers be Classified – And Paid – As Employees?

A worker for Amway, a multi-level marketing company that sells home, health and beauty care products, is suing the company and alleging he and other sellers should be classified and paid as employees, rather than independent contractors. Our Los Angeles employee misclassification attorneys are watching this case closely because it…

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Uber and Postmates Sue California, Declaring AB5 Unconstitutional

Two major corporations are suing the State of California alleging that a labor rights law that went into effect Jan. 1, 2020 is unconstitutional. Filed in Los Angeles federal court on Dec. 30, 2019, the lawsuit by Uber Technologies and Postmates are striking preemptively against Assembly Bill 5, which was…

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Legal Challenges to California’s Gig Worker Law Are Likely to Abound in 2020

The state’s new worker classification law takes effect on Jan. 1st. Those behind the AB5 legislative effort know it was an uphill battle – but it appears the fight isn’t over yet. Court cases challenging the law are piling up, some companies are saying they simply won’t cooperate (likely to…

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