New DOL Rule Aims To Allow Benefits For Independent Contractors
1/8/21
By: Justin Boron
Independent contractors can receive ‘employee’ type benefits without becoming “employees” under a rule finalized by the U.S. Department of Labor Wednesday.
The provision is part of a final DOL rule that re-vamps the independent contractor classification test. …
Under Attack Again: California Attorney General Announces Misclassification Lawsuit Against Uber and Lyft
5/7/20
By: Ryan Greenspan
On May 5, 2020, California Attorney General Xavier Becerra
announced that the State of California will be suing Uber and Lyft for
misclassifying their drivers as independent contractors. The precise
details of the suit are not presently …
Can a California Lawyer be Disciplined for a Paralegal’s Misconduct?
3/27/19
By: Greg Fayard
In some circumstances, a California lawyer can be disciplined by the State Bar for a paralegal’s misconduct. This type of discipline was not possible under the State’s old lawyer-ethics rules. Rule 5.3 of the new rules requires …
Ninth Circuit’s Decision Upholding Arbitration Clause Enables Uber To Sidestep Substantive Issues Regarding Misclassification
10/10/18
By: Laura Flynn
In O’Connor v. Uber, a case in which California Uber drivers assert they should be categorized as employees rather than independent contractors, the Ninth Circuit Court of Appeals recently issued an order reversing the district court’s denial …
Independent Contractor Or Employee?
9/20/18
By: Marshall Coyle
The California Supreme Court has established an “ABC test” that could make it extremely difficult for the state’s truckers to use independent contractors. In Dynamex Operations West Inc. v. Charles Lee, (Case S222732, April 30, 2018) the …
California’s New Independent Contractor Test
7/11/18
By: Christine Lee
On April 30, 2018, the California Supreme Court issued a landmark decision in Dynamex Operations West, Inc. v. Superior Court, No. S222732, in which the Court adopted an extremely broad view of workers who will be …
Independent Contractor vs Employee Status in the Gig Economy
5/31/18
By: Daniel Walsh
As recently noted by FMG’s Connor Bateman, Courts across the country are now reexamining coverage issues stemming from auto insurance policies held by drivers working with Transportation Network Companies (“TNCs”) such as Lyft and Uber.
In …
A Millennial Gig
2/21/18
By: David M. Daniels
With Contribution By: Jason C. Dineros
The Obama Administration’s federal enforcement relaxations for marijuana use in 2013, brought with it the development of a viable market industry from what was previously looked upon as taboo—akin to …
Dangers of Hiring Independent Contractors
7/22/13
By: Leanne Prybylski
Many contractors hire independent contractors, rather than employees, to avoid paying taxes and benefits. Contractors should be aware, however, that the costs of misclassifying employees as an independent contractors could end up being more expensive than it …