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Court Revives Civil Suit Against Homeowner Over Tree Trimmer's Injuries
11/18/2019
because he was providing services in the capacity as an employee.
According to Bruno Contreras-Perales was conclusively presumed to be an employee not an independent contractor. San Diego County Superior Court Judge Joel R. Wohlfeil granted Bruno's motion to dismiss.
Analysis The Court of Appeal
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
CWCI Highlights Legislation Relevant to Comp
10/23/2019
is AB 5 which will require employers to use a three-part test to determine whether a worker should be classified as an employee or independent contractor. For workers comp purposes the requirement will take effect July 1.
Also on the list is Senate Bill 542 which creates a rebuttable
Category: News
Employer Found Guilty of Lacking Comp Coverage in Wildfire Death Case
10/18/2019
Concrete Construction in Madera County contended that Reagan was working as an independent contractor. Cal Fire had contracted with the concrete company.
Reagans widow Morgan Kemple and his two children struggled following his death partly due to Czirban Concretes lack of a valid workers comp
Category: News
Work Comp Starts to Grapple With AB 5 Implications
09/24/2019
law Assembly Bill 5 by Assemblywoman Lorena Gonzalez D-San Diego. AB 5 applies a three-part ABC test for determining whether someone is an employee or independent contractor for purposes of workers comp and unemployment insurance. The bill codifies the state Supreme Courts 2018 decision in
Category: News
City Attorney Sues Grocery Delivery Service Over Worker Classification
09/17/2019
worker as an independent contractor spelled out in a California Supreme Court decision last year.
In the Dynamex decision the high court said that in order to be considered an independent contractor a worker must be free from the control and direction of the employer in performing the work.
But
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
Report: Uber Drafts Bill to Create New Classification for Drivers
09/11/2019
back if AB 5 passes.
AB 5 by Assemblywoman Lorena Gonzalez D-San Diego would codify the 2018 state Supreme Court decision in Dynamex by applying a three-part test to determine if a worker is an employee or an independent contractor.
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
three-part "ABC test" to determine if a worker is an employee or independent contractor based on the Dynamex Operations West v. Superior Court decision from 2018.
If gig workers arent made an exception to the bill the companies will each pony up 30 million to create a ballot initiative.
The
Category: News
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