Independent Contractors | Employee Classification | Wage and Hour | News | HR Tools

California Allows App-Based Drivers to Be Independent Contractors

Date:: November 4, 2020

Proposition 22 will amend the state code to establish that app-based drivers are independent contractors, not employees, as long as their hiring party fulfills certain requirements that will likely be easier to meet than the "ABC test" established last year by the state legislature.

DOL Proposes Employer-Friendly Standard for Independent Contractors

Date:: September 22, 2020

The DOL has put forward five distinct factors to be used when determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA).

California Clarifies Independent Contractor Test and Adds New Exemptions

Date:: September 8, 2020

New amendments are intended to clarify and expand the ABC test, which governs independent contractor classification under California's wage and hour, workers' compensation, unemployment insurance and labor laws.

DOL Plans to Propose Regulation for Determining FLSA Independent Contractor Status

Date:: July 8, 2020

A new regulation, which may be finalized before the end of the year, is expected to establish an employer-friendly standard for independent contractor classification.

California Gig Worker Law Survives First Challenge in Uber, Postmates Lawsuit

Date:: February 19, 2020

A federal judge has denied Uber and Postmates' request for an injunction blocking enforcement of AB5, California's law that reclassifies most independent contractors as employees.

California Poised to Reclassify "Potentially Several Million" Independent Contractors

Date:: September 11, 2019

If signed into law as expected, AB 5 would codify the California Supreme Court's 2018 "Dynamex" ruling as part of the state code and extend its application beyond the wage orders to include state labor and unemployment insurance laws.

9th Circuit Asks California's High Court to Decide Whether "Dynamex" Test Applies Retroactively

Date:: July 23, 2019

The 9th Circuit Court of Appeals has withdrawn an opinion issued earlier this year, in which it held that the Dynamex test for independent contractor classification applies retroactively.

NLRB Finds Uber Drivers Are Independent Contractors, Not Employees

Date:: May 17, 2019

In a victory for Uber, a National Labor Relations Board (NLRB) advice memorandum has concluded that the company's drivers are independent contractors rather than employees.

California's "Dynamex" Test for Independent Contractors Applies Retroactively

Date:: May 6, 2019

In Vazquez v. Jan-Pro Franchising, the 9th Circuit Court of Appeals noted that it is "basic in our legal tradition" that court decisions such as the California Supreme Court's 2018 Dynamex decision should apply retroactively.

DOL Opinion Letter May Help Shield Gig Companies

Date:: April 29, 2019

Applying six factors derived from Supreme Court precedent, the US Department of Labor (DOL) said certain service providers were not "economically dependent" on an unnamed gig economy company that requested the opinion letter.

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All Items: Independent Contractors