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Court Revisits Dispute over Worker's Injuries at Orchard, again Orders New Tiral

04/30/2020
A California appellate court revisited a dispute over a workers injuries while employed by an independent contractor at an orchard and once again concluded that the orchard owner was entitled to a new trial. Case Alaniz v. Sun Pacific Shippers L.P. No. B290013 04282020 published

Category: News

Court Upholds Penalty Against Massage Parlor

04/21/2020
the work hours or supervise the work was more indicative of an independent contractor relationship but the court said they did not outweigh the factors supporting an employment relationship. Disposition Affirmed. To read the decision click here.

Category: News

DWC Offers Update on Agency Activities During First Day of Educational Conference

03/06/2020
few legislative changes relevant to workers compensation that were enacted last year. The biggest fish in the legislative pond has been Assembly Bill 5 which codifies how employers must determine whether a worker is an employee or an independent contractor Hauscarriague said. The law uses whats

Category: News

Court Tosses Jury Verdict for Injured Worker Due to Instructional Errors

02/07/2020
. grows mandarins at an orchard outside Fillmore. It hires independent contractors to deliver empty bins to the orchard pick the fruit and deliver full bins to the packing house. Each contractor provides its own pickers drivers and forklift operators. Jesus Alaniz worked for Navarro Trucking one of

Category: News

Bill Would Ditch Dynamex Test for Borello

01/17/2020
mandating the use of the ABC test to decide if a worker is an employee or an independent contractor. The measure would require that any determination of employee status be made using the multifactor test from the 1989 state Supreme Court case S.G. Borello & Sons Inc. v. Department of Industrial Relations

Category: News

Bill Would Exempt Small Businesses From ABC Test

01/16/2020
high courts decision in S.G. Borello & Sons. To qualify for the exemption a business would have to be independent have fewer than 100 employees have average gross receipts of 15 million or less over the past three years and not be dominant in its field of operation. The test established

Category: News

Judge Rules Delay Doomed Freelancers' Bid for Injunction in AB 5 Case

01/10/2020
exemptions that are included in AB 5. The question of whether a worker providing professional services is an employee is decided using the test from S.G. Borello & Sons which considers 21 factors to decide who is a contractor. Only those with a business license and an established business location that

Category: News

New Work Comp Legislation Taking Effect With New Year

12/31/2019
test to prove a worker is an independent contractor including The worker is free from the control and direction of the hiring entity in connection with the performance of the work both under the contract for the performance of the work and in fact. The person performs work that is outside

Category: News

Security Guard Can't Pursue Personal Injury Suit Against Film Studio

12/18/2019
negligent the court said. Second the court said "by hiring an independent contractor the hirer implicitly delegates to the contractor any tort law duty it owes to the contractor's employees to ensure the safety of the specific workplace that is the subject of the contract." Castro contended

Category: News

Employer Convicted in Wildfire Death Case Sentenced to House Arrest

12/16/2019
thrown from the vehicle which then crushed him. Reagan was working for Czirban Concrete Construction at the time of the accident. Czirbans attorney said he intends to appeal the decision and argue Reagan was an independent contractor and not an employee.

Category: News

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