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Friday Deadline Marks Pressure for Finance Committees to Pass or Nix Work Comp Bills

08/30/2019
use a three-part test to determine if a worker is an employee or independent contractor. The Department of Industrial Relations estimates the costs to come to 2.2 million in the first year and 2.1 million on a yearly basis after that. Administration costs to the Employment Development Department

Category: News

Senate Committee Passes Bill to Codify Dynamex Decision

07/12/2019
The bill to codify the California Supreme Court decision in Dynamex and require the use of the so-called ABC test to determine who is an employee and who is a contractor moved one step closer to the governors desk. Assemblywoman Lorena Gonzalez The Senate Labor Public Employment and

Category: News

Contractor Faces Work Comp Charges After Worker Killed During Wildfire

06/07/2019
Whether a worker who died while fighting a California wildfire in 2016 was an employee or independent contractor is being battled out in Monterey County court. Robert Oliver Reagan III 35 was driving a bulldozer around a steep slope during the Soberanes fire when the vehicle rolled over

Category: News

Assembly Passes Dynamex Bill After Author Adds More Tests

05/31/2019
create a presumption that workers are employees. The hiring entity would have to rebut that presumption to classify a worker as an independent contractor. To rebut the presumption the hiring entity would have to show the worker is Free from control and direction as relates to performance of the

Category: News

Dynamex, Provider Network and Presumption Bills Set for Hearings as Deadline Looms

05/14/2019
of the land for all disputes over employee status. In Dynamex the high court listed three conditions required for someone to be considered an independent contractor including The person is free from control and direction in how to perform the work. The person performs work outside the

Category: News

Report: More Workers Seek Exemption From Employee Designation

04/15/2019
employee status determines whether a person is an employee and therefore entitled to receive benefits for an occupational injury. The states high court in the April 2018 Dynamex decision said the ABC test must be used for wage-order disputes. To be considered a contractor a worker be free from the

Category: News

Employers Vow Support for Codifying Dynamex if Done With Exemptions

04/03/2019
Dynamex applicable to all disputes over employee status including workers' compensation claims. For the last year courts have limited the Dynamex test to wage order claims. The high court said a person is an independent contractor only if the hiring party can prove The worker is free from

Category: News

$2.6 Million Verdict Upheld for Subcontractor's Employee

04/01/2019
298843 in attorney fees. Analysis The Court of Appeal for the 1st District of California rejected Webcors claims that the jury had been improperly instructed. Under California law the court said when an employee of an independent contractor is injured in the workplace he generally cannot

Category: News

2nd DCA Publishes Decision Finding Property Owner Had No Liability to Contractor's Employee

03/29/2019
Raytheons property in February 2013. Johnson worked for ABM Facilities an independent contractor that provided maintenance engineering staff to Raytheon. He was working in the Raytheon control room when he received low-water-level alarms pertaining to a cooling tower on the property. Raytheon was

Category: News

Lawmaker Says Bill to Codify Dynamex Is Declarative of Existing Law

03/27/2019
to interfere with legitimate contracting arrangements. She said she wants to make sure employees receive benefits to which theyre entitled. We dont want to stop true independent contractors from having their own little business she said. But we dont want to continue this farce of large

Category: News

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