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Articles Posted in employee 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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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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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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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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Effect of Tighter Independent Contractor Rules on California’s Small Businesses

A new law intended to make it harder for companies to misclassify workers as independent contractors rather than employees has been the source of much controversy and litigation – even though it doesn’t take place for another week. Los Angeles employment lawyers know that while AB5 has a fair amount…

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Federal Judge Won’t Force Uber to Reclassify California Drivers as Employees

A federal judge in California declined to compel ridesharing company Uber to reclassify its drivers as employees, rejecting plaintiffs’ claims that the alleged misclassification of workers adversely impacts the state of valuable tax dollars due to public assistance spending for low wage workers. Plaintiffs filed the motion for injunction by…

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FEHA Employment Discrimination Claims Against “Contracting Employer” May Be Valid

Independent contractors are entitled to far fewer rights under California employment law than employees or in some cases even job applicants. In filing an employment lawsuit against a company, one must establish they are an employee or prospective employee. But as our Los Angeles employment attorneys know well, misclassification of employees…

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New California Employment Bill on Independent Contractors Signed Into Law

With the stroke of Gov. Gavin Newsom’s pen, the sweeping California employment law limiting businesses’ use of independent contractors has become law and will go into effect Jan. 1, 2020. Assembly Bill 5 had the overwhelming support of the state legislature, and the governor’s signature was widely anticipated, as his…

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