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Uber Reaches $20M Settlement With Drivers in Classification Spat

03/13/2019
misclassified drivers. Lyft drivers remained independent contractors under the 27 million deal U.S. District Judge Vince Chhabria in San Francisco approved in 2017. Chhabria noted in his order that the settlement was not perfect and the status of Lyft drivers under California law remains uncertain going

Category: News

Property Owner Had No Liability to Independent Contractor's Injured Employee

03/12/2019
independent contractor that provided maintenance engineering staff to The Raytheon Co. In February 2013 Johnson was working in the Raytheon control room when he started receiving low-water-level alarms pertaining to a cooling tower on the property. Raytheon was undergoing renovation of the cooling

Category: News

IMR Volumes Holding Steady for Fourth Consecutive Year

02/12/2019
LOS ANGELES A contractor for the California Division of Workers Compensation issued 184735 independent medical review decisions last year up from 172250 in 2017 and 176002 in 2016. Utilization review decisions were upheld last year in 156523 of the IMR cases or 84.7 while 17631 or

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
human resources and government affairs at Grimmway Farms from 1997 to 2013; partner and attorney at Hanna Brophy MacLean McAleer and Jensen from 1991 to 1997; and was an independent general contractor doing residential real estate development from 1984 to 1990. McNally was a municipal court deputy

Category: News

Report: Strippers Don't Like Employee Classification

01/03/2019
to determine whether a worker is an employee or a contractor. Under one prong a person hired to perform a job that falls within the usual scope of a companys business is an employee. A lawyer talking to the Examiner said it would appear that stripping is the customer business of strip clubs and

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
Kammerer SBC photo At the same time another bill introduced Monday would essentially render the so-called ABC test from Dynamex superfluous by adopting the 10-part test of contractor status from the high courts 30-year-old decision in S.G. Borello & Sons Inc. v. Department of Industrial

Category: News

Worker's Family Cannot Hold State Agency Liable for Fatal Fall at Construction Site

11/27/2018
liability. CalTrans asserted that it was the employer of an independent contractor Viking and it could be held liable for Capps death only if it retained control over the work site and negligently exercised that control. The family responded that CalTrans retained control by ordering unplanned

Category: News

4th DCA Clarifies Tests for Determining if Worker Qualifies as Employee

10/24/2018
The 4th District Court of Appeal overturned a grant of summary judgment dismissing a workers claims against a taxi company for violations of Industrial Welfare Commission wage orders finding that he was an employee not an independent contractor. Case Garcia v. Border Transportation Group

Category: News

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