Category Archives: Independent Contractors

Subscribe to Independent Contractors RSS Feed

May 2023 California Employment Law Notes

We invite you to review our newly-posted May 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception” Users May Have Privacy Interest In Emails Sent Over Company Network Absent Express … Continue Reading

Unions, Legislature Dealt Yet Another Blow in AB 5 Appeal

By Tony Oncidi on May 23, 2023 Posted in California Labor & Employment Law, Day Laborers, Employee Benefits, Employment Contracts, Employment Policies, Independent Contractors

Olson v. State of Cal., 62 F.4th 1206 (9th Cir. 2023) In the latest in a string of defeats for the State of California, a Ninth Circuit panel unanimously held that AB 5 (the anti-independent contractor law) may violate the equal protection rights of independent contractor drivers and the gig companies that retain them. The … Continue Reading

Gig Workers: 2, California: 0 in Ongoing Fight for Independent Contractor Status

By Tony Oncidi and David Gobel on May 8, 2023 Posted in ABC Test, Articles, California Labor & Employment Law, Employment Law Notes, Employment Policies, Independent Contractors

The long-running feud between California and the “gig economy” shows no sign of ending soon. On April 28, 2023, the State of California submitted a petition to the Ninth Circuit in Olson v. California, No. 21-55757 (9th Cir.), seeking review or a rehearing before a new panel of judges, after a Ninth Circuit panel in … Continue Reading

March 2023 California Employment Law Notes

We invite you to review our newly-posted March 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: No Claim By Employee Who Was Friends With Alleged Harasser Pregnancy Discrimination Lawsuit Was Properly Dismissed Employer That Failed To Layoff Employee Before She Became … Continue Reading

Proposition 22 Is Not Unconstitutional

By Tony Oncidi on March 31, 2023 Posted in Independent Contractors

Castellanos v. State of Cal., 2023 WL 2473326 (Cal. Ct. App. 2023) Ride-share drivers and the Service Employees International Union sought to have Proposition 22 declared unconstitutional under the provisions governing workers’ compensation, initiative power, and separation of powers. The trial court granted the petition. The Court of Appeal reversed holding that while certain provisions … Continue Reading

January 2023 California Employment Law Notes

By Tony Oncidi on February 8, 2023 Posted in Age discrimination, Anti-SLAPP, Bonus Compensation, Breach of Contract, Defamation, Discrimination, Employment Law Notes, Hiring, Independent Contractors, Jurisdiction, Meal Periods and Rest Breaks, Minimum Wage, Overtime, PAGA, Payroll, Wage Statements, Wrongful Termination

We invite you to review our newly-posted January 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus Family Court May Order Employer To Provide Determination Of Arrearages Owed In Spousal … Continue Reading

Real Estate Agents Are Independent Contractors As A Matter Of Law If Requirements Met

By Tony Oncidi on February 8, 2023 Posted in Independent Contractors, PAGA

Whitlach v. Premier Valley, Inc., 86 Cal. App. 5th 673 (2022) James Whitlach, a real estate agent, brought a PAGA suit against Premier Valley, Inc. dba Century 21 MM and Century 21 Real Estate, LLC (collectively, “Century 21”). Whitlach alleged that Century 21’s real estate agents were misclassified as independent contractors. The Court of Appeal … Continue Reading

November 2022 California Employment Law Notes

We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Equal Pay Act Claim Should Not Have Been Dismissed Whistleblower Claim Should Not Have Been Dismissed In Part School District Employee May Have Been Discriminated … Continue Reading

Hirer Of Independent Contractor Is Not Liable For Injury To Contractor’s Employee

By Tony Oncidi on November 23, 2022 Posted in Independent Contractors, Workers Compensation, Workplace Safety

Miller v. Roseville Lodge No. 1293, 83 Cal. App. 5th 825 (2022) Roseville Lodge No. 1293, Loyal Order of Moose, Inc., hired Charlie Gelatini to move an ATM on its premises. Ricky Lee Miller, Jr., who worked for Gelatini and was the person who performed the work, was injured on the job when he fell … Continue Reading

May 2022 California Employment Law Notes

We invite you to review our newly-posted May 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Former UCLA Physician Can Proceed With Whistleblower Claims Former Employee Adequately Alleged Disability Under The ADA California Resident May Rely Upon Labor Code § 925 … Continue Reading

Workers Do Not Need To Establish They Were Hired Before ABC Test Can Be Applied

By Tony Oncidi on May 25, 2022 Posted in Independent Contractors, Jury verdicts, Verdict

Mejia v. Roussos Constr., Inc., 76 Cal. App. 5th 811 (2022) Plaintiffs, unlicensed flooring installers, installed floors on behalf of Roussos Construction, a general contractor. There were three individuals working between plaintiffs and Roussos whom plaintiffs called “supervisors” and Roussos called “subcontractors.” At trial, Roussos maintained that it used independent contractors (the three individuals) who … Continue Reading

California Continues to Go to the Dogs

By Tony Oncidi and Dylan K. Tedford on March 30, 2022 Posted in ABC Test, Independent Contractors

On March 17, Rover—a digital application connecting pet owners with daily pet-care providers—argued to the Ninth Circuit that it should uphold a California federal judge’s finding that a dog-sitter was properly classified as an independent contractor. While maintaining that it passes the strict three-pronged “ABC test”—which we have reported on here, here, and here—Rover also … Continue Reading

November 2021 California Employment Law Notes

We invite you to review our newly-posted November 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Ninth Circuit Resurrects California’s Anti-Arbitration Statute In-House Counsel’s Claim For Breach Of Oral Promise Of Contingency Fee Was Barred By Statute Employee Can Proceed With … Continue Reading

Company That Retained Independent Contractor Is Not Liable For Injury To Contractor’s Employee

By Tony Oncidi on November 12, 2021 Posted in Independent Contractors, Jury verdicts

Sandoval v. Qualcomm Inc., 12 Cal. 5th 256 (2021) Qualcomm hired TransPower Testing, Inc., an electrical engineering service company, to inspect and verify the amperage capacity of Qualcomm’s existing switchgear equipment. TransPower hired Martin Sandoval, an electrical parts supply and repair specialist, to conduct an inspection during which Sandoval was seriously injured. The jury awarded Sandoval … Continue Reading

Governor Newsom Signs A Slew of New Employment Laws for 2022

As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state. We have summarized the most important ones for you here: Arbitration Arbitration fees will now need to be paid upon receipt of invoice unless the … Continue Reading

July 2021 California Employment Law Notes

By Tony Oncidi on July 28, 2021 Posted in Anti-SLAPP, California Labor & Employment Law, Class Actions, Computer Fraud and Abuse Act, Disability, Discrimination, Diversity and Inclusion, Harassment, Independent Contractors, Jury verdicts, Meal Periods and Rest Breaks, Religion, Title VII, Wrongful Termination

We invite you to review our newly-posted July 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Board of Directors Quota Law May Be Unconstitutional 2:1 Ratio of Punitive to Compensatory Damages Was Appropriate High School Football Coach’s Title VII Claim Was … Continue Reading

Trial Court Properly Failed to Certify Signature Gatherers’ Class Action

By Tony Oncidi on July 28, 2021 Posted in Class Actions, Independent Contractors

Wilson v. The La Jolla Group, 61 Cal. App. 5th 897 (2021) The trial court declined to certify a class action filed by individuals who worked as signature gatherers for the La Jolla Group (“LJG”) on behalf of political campaigns and political action committees. LJG classified these workers as independent contractors, though they alleged they were … Continue Reading

Owner Was Not Personally Liable for Misclassification of Employees

By Tony Oncidi on July 28, 2021 Posted in Class Actions, Independent Contractors

Usher v. White, 64 Cal. App. 5th 883 (2021) The plaintiffs in this putative class action lawsuit (service technicians) alleged they had been misclassified as independent contractors rather than employees. They amended their complaint to add Shirley White and her son Jeff White as individual defendants in the case, relying upon Cal. Lab. Code § 558.1, … Continue Reading

Uber/Lyft Drivers Win Latest Round in California

By Tony Oncidi and Dylan K. Tedford on February 10, 2021 Posted in California Labor & Employment Law, Independent Contractors

The California Supreme Court has denied a petition for writ of mandate filed by the Service Employees International Union (SEIU). The SEIU, which was hoping to unionize Uber and Lyft drivers in the wake of AB 5, (read more of our AB 5 coverage here, here, and here), argued that voter-approved Proposition 22 (which permits … Continue Reading

The ABCs of Independent Contractor Classification: California Supreme Court Holds Strict Independent Contractor Test Applies Retroactively

By Tony Oncidi, Kate Gold, Kate Napalkova and Michelle Lappen on January 15, 2021 Posted in California Labor & Employment Law, Hiring, Independent Contractors, Wage and Hour

On January 14, 2021, the California Supreme Court decided, at the request of the Ninth Circuit, that its decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018) applies retroactively. Vazquez v. Jan-Pro Franchising International, Inc. (SC S258191 1/14/21). Dynamex adopted the “ABC test” for determining whether a worker is an employee … Continue Reading

September 2020 California Employment Law Notes

By Tony Oncidi on September 25, 2020 Posted in Age discrimination, Attorney's Fees, California Labor & Employment Law, Class Actions, Defamation, Discrimination, Independent Contractors, Meal Periods and Rest Breaks, PAGA, Sexual Harassment, Tortious interference with contract, Wrongful Termination

We invite you to review our newly-posted September 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Entitled To $17.2 Million For Wrongful Termination/Defamation “Continuing Violation” Theory Saves Employee’s Sexual Harassment Claim Tortious Interference With At-Will Contract Requires Independently Wrongful Act … Continue Reading

Amount In Controversy Satisfied CAFA Minimum

By Tony Oncidi on September 25, 2020 Posted in Class Actions, Independent Contractors

Salter v. Quality Carriers, Inc., 2020 WL 5361459 (9th Cir. 2020) Clayton Salter, a truck driver, filed this putative class action against his employer, Quality Carriers and Quality Distribution, alleging that he and the other class members had been misclassified as independent contractors rather than employees. Quality removed the action to federal court, asserting the … Continue Reading

California Amends Independent Contractor Law (Again) – New Exemptions for Music Industry Workers, Freelance Writers and Photographers

By Tony Oncidi, Kate Gold and Pietro Deserio on September 9, 2020 Posted in California Labor & Employment Law, Independent Contractors

Last Friday, September 4, Governor Newsom signed AB 2257, which includes a slew of modifications to the now-infamous AB5, which went into effect this year and codified the strict ABC independent contractor test, which we have addressed previously in this blog. With this new amendment, there are now more than 100 exemptions and limitations to … Continue Reading

“Oh, We Were Just Leaving!”: California Court Halts Order Requiring Uber and Lyft to Reclassify Drivers

By Tony Oncidi, Kate Gold and Philippe A. Lebel on August 24, 2020 Posted in California Labor & Employment Law, Independent Contractors

Last week, Uber Technologies, Inc. and Lyft, Inc. announced that they would suspend ridesharing operations in the State of California in response to an August 10, 2020 San Francisco Superior Court judge’s preliminary injunction, requiring the companies to reclassify their California drivers as “employees” within 10 days. The order came in the context of a … Continue Reading

This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.