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Lawmaker Says Bill to Codify Dynamex Is Declarative of Existing Law

03/27/2019
A Southern California lawmaker said her bill that would write into the Labor Code the three-part test to determine employee status created by the states high court last year is declarative of existing law in the Golden State. Assemblywoman Lorena Gonzalez Assemblywoman Lorena Gonzalez

Category: News

Bill Proposes Dynamex Exemption for Insurance Companies

01/22/2019
employee doesnt apply to a person licensed by the Department of Insurance who enters into a written agreement with a carrier when The agreement is voluntary. The worker is classified as an independent contractor. Each party has the right to terminate the contract. The worker is allowed to

Category: News

Farmers Lawyer Appointed to WCAB

01/04/2019
Gov. Jerry Brown who leaves office on Monday has appointed an Oakland defense attorney as a commissioner on the Workers Compensation Appeals Board and reappointed three members of the states labor-management advisory panel. Christine Bouma Brown appointed 48-year-old Craig L

Category: News

Lawmaker Issues Statement Regarding Misclassification Bill

12/19/2018
A California lawmaker who introduced legislation to codify the test created by the state Supreme Court this year to determine who is a contractor said in a statement the bill is necessary to protect workers. Assemblywoman Lorena Gonzalez Fletcher Assemblywoman Lorena Gonzalez Fletcher

Category: News

Bill Could Apply Holding From Dynamex to Comp

12/05/2018
declare that contractor status for the purpose of Labor Code violations would be decided based on the factors set forth in Borello. The bill would add to the Labor Code all 10 factors from the 1989 high court decision which include Whether the person to whom service is rendered has the right to

Category: News

1st DCA Publishes Decision on Deadline to Challenge Appeals Board Rulings

10/29/2018
The 1st District Court of Appeal last week ordered publication of its ruling that clarifies the deadline for a contractor to challenge a decision by the state Occupational Safety and Health Appeals Board. Late last month the court said Labor Code Section 6627 allows for only 30 days from the

Category: News

Court Clarifies Time Limits for Contractor to Challenge Decision on Safety Citation

10/02/2018
A California appellate court ruled that a contractor has 30 days from the date of a decision by the Occupational Safety and Health Appeals Board to bring a challenge without extra time to account for the mailing of the decision. Case RAAM Construction v. Occupational Safety and Health Appeals

Category: News

Governor Approves Debit Card, Safety Work Bills

09/25/2018
Jackson case does open the door to unacceptable apportionment determinations. Gideon Baum principal consultant to the Senate Committee on Labor and Industrial Relations said he was surprised by the veto. He said he understands that reasonable people can arrive at different conclusions about the

Category: News

Federal Law Doesn't Pre-Empt Common-Law Misclassification Test

09/11/2018
The U.S. 9th Circuit Court of Appeals ruled that the Federal Aviation Administration Authorization Act does not pre-empt the common-law test used by the labor commissioner to determine whether a motor carrier has properly classified its drivers as independent contractors. Case California

Category: News

Resolution Seeks Special Session to Address Dynamex Decision

08/29/2018
labor and management and through the discussions could better identify a test for independent contractor versus employee that reflects Californias economy today and provide a comprehensive solution that protects workers yet also maintains Californias innovation and growth. Cal Chamber and the

Category: News

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