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Bill Would Exempt Small Businesses From ABC Test

01/16/2020
in the 1989 S.G. Borello & Sons case requires consideration of at least 13 factors to determine whether someone is a contractor or employee. The ABC test presumes that a worker is employee unless the employer rebuts the presumption by proving the worker is Free from control and direction

Category: News

New Work Comp Legislation Taking Effect With New Year

12/31/2019
contractor with regard to the Labor Code Unemployment Insurance Code and wage disputes before the Industrial Welfare Commission. AB 5 codifies the ABC test from the state Supreme Court's 2018 Dynamex decision. The test presumes workers are employees unless the employer satisfies the three prongs of the

Category: News

Labor Agency Posts AB 5 Info Page; Second Complaint Challenges New Law

12/19/2019
Gonzalez The labor agencys website includes information about the ABC test required to determine whether a worker is an employee or contractor starting Jan. 1. The test first appeared in the state Supreme Courts 2018 Dynamex decision dealing with wage order disputes. AB 5 codified the Dynamex

Category: News

Court Revives Civil Suit Against Homeowner Over Tree Trimmer's Injuries

11/18/2019
A California appellate court revived an injured workers civil suit against a homeowner finding there was a triable question as to whether he qualified as the homeowners employee for purposes of the Labor Codes exclusive remedy provision. Case Contreras-Perales v. Bruno No. D073742 1114

Category: News

Ballot Measure to Exempt Drivers From AB 5 Announced

10/31/2019
they may not be able to work for competing companies such as Uber and Lyft at the same time as they currently do. The Protect App-Based Drivers & Services initiative would declare that an app-based driver is an independent contractor if the four following conditions are met The network

Category: News

PEO Looks to Help Delivery Companies With Dynamex Challenges

10/25/2019
' compensation insurance mitigation of labor claims pension and federal and state compliance services. Tools for employee recruitment and retention are also included. The company said delivery companies are searching for cost-effective ways to turn a contractor-based labor force into an employee-based

Category: News

Governor Signs AB 5, Calls for More Pathways to Organize Workers

09/19/2019
and applies the three-part test of employee status from that case to all labor disputes. The holding in Dynamex was limited to wage order disputes. Now the three-part test from that case will apply to decide whether someone is an employee or a contractor for unemployment insurance and work comp

Category: News

Assembly Sends AB 5 to Governor; Author Introduces Additional Exemptions

09/12/2019
fishing workers. AB 5 would codify a 2018 state Supreme Court decision holding that an employer seeking to rebut the presumption and classify a worker as a contractor must prove The worker is free from control and direction in the performance of the work. The work is outside the employers

Category: News

Amended Bill Would Allow 6-Month Transition to Implement ABC Test for Comp

09/06/2019
purposes beginning July 1 2020. The amended bill also declares the section would not be applied retroactively. Labor Code Section 2750.3 would declare that anyone providing labor or services for pay shall be considered an employee rather than an independent contractor unless the hiring entity proves

Category: News

DoorDash, Uber, Lyft Threaten Ballot Initiative as AB 5 Gets Closer to Approval

09/03/2019
ballot measure in 2020 to combat the bill and spend up 90 million in the effort according to Fox&Hounds a California business and politics media site. The bill by Assemblywoman Lorena Gonzalez D-San Diego focuses on labor code disputes which include workers compensation. It would call for a

Category: News

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