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Former Hollister Firefighter Accused of Double Dipping

03/12/2021
Clampitt collecting comp benefits for nine months while he was receiving a paycheck from another employer. During a deposition Clampitt reportedly said he worked as an independent contractor for the second employer and denied seeking employment after his injury. The department said records from the

Category: News

Privette Doctrine Shields Homeowners From Liability to Contractor's Injured Employee

03/12/2021
motion for summary judgment arguing they were immune from liability pursuant to the Privette doctrine. The doctrine arises from the 1993 decision in Privette v. Superior Court which stands for the rule that employees of independent contractors cannot sue the hirer of the contractor for work-related

Category: News

Construction Supply Company Can't Challenge Exoneration of Contractor for Fatal Accident

01/27/2021
. Superior Court which stands for the rule that employees of independent contractors cannot sue the hirer of the contractor for work-related injuries. The family opposed Swinertons motion arguing that the Privette doctrine was inapplicable because they did not allege the negligence of a contractor

Category: News

Even WCAB Judges Say They're Having a Hard Time Keeping Up With Comp Laws

01/14/2021
world. AB 5 which became law at the beginning of last year created a presumption that most workers are employees. Employers can rebut the presumption and demonstrate that a worker is properly classified as an independent contractor by establishing the worker is free from the control and direction

Category: News

As Grocer Plans to Replace Drivers, Observers Question Sufficiency of Prop. 22 Benefits

01/13/2021
could be colloquially classified as independent contractor plus where the worker isnt considered a full-time employee but still gets some benefits Duff said. Though some stakeholders might consider it progress it might not be sufficient for many workers he said. Is this better than an

Category: News

Attorney Accused of Orchestrating Self-Dealing Scheme With Interpreting Firm

12/07/2020
corporate paperwork to hide his ownership of the company the department said in a statement. Although his daughters name was used for the paperwork Luna controlled all aspects of Adelante Interpreters including but not limited to administrative protocols employee protocols independent contractor

Category: News

Appellate Court Affirms Injunction Requiring Uber, Lyft to Classify Drivers as Employees

10/27/2020
A California appeals court affirmed an order directing ride-hailing companies Uber and Lyft to treat their drivers as employees and not independent contractors while litigating a misclassification complaint filed by the state and some of its largest cities. California Attorney General Xavier

Category: News

Court Revives Roofer's Claims Against General Contractor

07/06/2020
stands for the rule that employees of independent contractors cannot sue the hirer of the contractor for work-related injuries. A trial judge sustained the demurrer. Analysis The Court of Appeal for the 5th District of California explained that the Labor Code generally prohibits a worker from

Category: News

San Francisco Top Cop Sues DoorDash Over Misclassification

06/17/2020
employers like DoorDash to establish that the workers they classify as independent contractors meet each element of the three-pronged ABC test. Failure to meet any single prong of the test means an employer cannot classify the worker as an independent contractor but instead must fulfill the legal

Category: News

Privette Doctrine Stops Wrongful Death Suit

06/12/2020
. Superior Court which stands for the rule that employees of independent contractors cannot sue the hirer of the contractor for work-related injuries. There are several exceptions to the Privette rule including the retained control exception. The exception derives from the case of Hooker v

Category: News

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