California Employment Law Update

Tag Archives: independent contractor

May 2023 California Employment Law Notes

By Tony Oncidi on Posted in Age discrimination, California Labor & Employment Law, Computer and Internet Use, Day Laborers, Discrimination, Employee Benefits, Employment Contracts, Employment Law Notes, Employment Policies, Independent Contractors, Privacy, Religion
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 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 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

By Tony Oncidi on Posted in Arbitration Agreements, California Labor Code, Constructive Discharge, Disability, Discrimination, Employment Law Notes, FEHA, FLSA, Harassment, Independent Contractors, Labor Code § 226, Meal Periods and Rest Breaks, Military Leave, Overtime, PAGA, Paid Sick Leave, Pregnancy Leave, Reasonable Accommodation, Retaliation, Sexual Harassment, Unfair Competition, Vacation or PTO, Wrongful Termination
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 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 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 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

By Tony Oncidi on Posted in Arbitration Agreements, Class Actions, Disability, Discrimination, Employment Applications, Employment Law Notes, Equal Pay Act, FCRA, FEHA, Gender discrimination, Harassment, Independent Contractors, Negligence, Reasonable Accommodation, Retaliation, Settlement, Sexual Harassment, Whistleblowers, Workers Compensation, Workplace Safety, Workplace Violence, Wrongful Termination
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 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

By Tony Oncidi on Posted in ADA, Breach of Contract, California Labor Code, Class Actions, Disability, Employment Law Notes, Immigration, Independent Contractors, Jury verdicts, Labor Code § 226, Labor Code § 925, Leaves of Absence, Meal Periods and Rest Breaks, Negligence, PAGA, Retaliation, Settlement, Verdict, Wage and Hour, Whistleblowers
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 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

Do California’s New Restrictions on Independent Contractors Apply Retroactively?

By Tony Oncidi and Hal Brody on Posted in California Labor & Employment Law, Employment Law Notes, Supreme Court, Uncategorized
On May 1, we reported on the California Supreme Court’s opinion in Dynamex Operations West, Inc. v. Superior Court, in which the Supreme Court set forth the standard for determining if a worker may properly be classified as an employee or independent contractor. See  Cal. Employment Law Blog (May 1, 2018). An issue that the Court … Continue Reading

Independent Contractor Can Proceed With Sexual Harassment Claim Against City

By Tony Oncidi on Posted in Employment Law Notes
Hirst v. City of Oceanside, 236 Cal. App. 4th 774 (2015) Kimberli Hirst, an employee of American Forensic Nurses, Inc., sued the City of Oceanside after she was allegedly sexually harassed by an Oceanside police officer while providing phlebotomist services on behalf of the Oceanside Police Department. A jury awarded Hirst $1.5 million, which the … Continue Reading

There Is No Private Right Of Action For Misclassification Of Individual As An Independent Contractor

By Tony Oncidi on Posted in Employment Law Notes
Noe v. Superior Court, 237 Cal. App. 4th 316 (2015) Several vendors who sold food and beverages at various entertainment venues in southern California sued for failure to pay minimum wage and willfully misclassifying them as independent contractors in violation of Cal. Lab. Code § 226.8. In this opinion, the Court of Appeal held that … Continue Reading

Trial Court Erred In Failing To Certify Class Action For Unpaid Overtime And Meal-And-Rest Breaks

By Proskauer Rose on Posted in Class Actions, Employment Contracts, Employment Law Notes, Independent Contractors, Meal Periods and Rest Breaks, Off-the-clock Issues
Bradley v. Networkers Int’l, LLC, 2012 WL 6182473 (Cal. Ct. App. 2012) The three named plaintiffs in this case were among approximately 140 skilled workers retained by Networkers to provide repair and installation services at cell sites. Each worker was required to sign a standard contract, which stated that he or she was an independent … Continue Reading

Trial Court Erred In Part In Failing To Certify Class Of Newspaper Home Delivery Carriers

By Tony Oncidi on Posted in Class Actions, Employment Law Notes
Ayala v. Antelope Valley Newspapers, Inc., 2012 WL 4098995 (Cal. Ct. App. 2012) Plaintiffs Maria Ayala, Rosa Duran and Osman Nuñez sought to certify a class of newspaper home delivery carriers in a lawsuit brought against Antelope Valley Newspapers, Inc. (“AVN”), alleging that AVN had improperly classified the carriers as independent contractors rather than employees … Continue Reading

Nonexclusive Insurance Agent Was An Independent Contractor

By Tony Oncidi on Posted in Class Actions, Employment Law Notes, Expense Reimbursement, Independent Contractors, Wage and Hour
Arnold v. Mutual of Omaha Ins. Co., 202 Cal. App. 4th 580 (2011) Kimbly Arnold filed a complaint against Mutual of Omaha on her behalf and on behalf of a putative class of similarly situated “licensed agents” and “sales representatives” of the company, alleging violations of the California Labor Code, including provisions governing expense reimbursement … Continue Reading

Freight Pick-Up Drivers May Have Been Employees And Not Independent Contractors

By Tony Oncidi on Posted in Employment Law Notes
Narayan v. EGL, Inc., 616 F.3d 895 (2010) Mohit Narayan and two other drivers for EGL (a global transportation, supply chain management and information services company headquartered in Texas) were California residents who provided services to EGL pursuant to independent contractor agreements that contained a Texas choice-of-law provision. Narayan and the other drivers filed a … Continue Reading

Messengers Were Independent Contractors And Not Employees

By Tony Oncidi on Posted in Class Actions, Employment Law Notes, Independent Contractors, Overtime
Cristler v. Express Messenger Systems, Inc., 171 Cal. App. 4th 72 (2009) James Cristler and others sued Express Messenger, a parcel delivery service, for violations of California law based upon Express’ allegedly illegal classification of its workers as independent contractors and not employees. Among other things, plaintiffs alleged violations of the California overtime requirements, as … Continue Reading

Independent Contractor’s Wrongful Termination Lawsuit Was Properly Dismissed

By Tony Oncidi on Posted in Employment Law Notes, Independent Contractors, Wrongful Termination
Varisco v. Gateway Science & Eng’g, Inc., 166 Cal. App. 4th 1099 (2008) Gateway engaged Al Varisco to provide construction inspection services on two projects it was doing for the Los Angeles Unified School District (“LAUSD”). Gateway retained Varisco pursuant to a letter agreement whereby he was to be paid $75 per hour for the … Continue Reading
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