California Municipal Law Blog
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Independent Contractors

New Laws Take Effect in 2020: General Municipal Update

by on January 21, 2020

posted in Employment Law, Legislative Updates, Public Records Act, Public Utilities, Water,

Introduction The majority of the bills from 2019 addressed wildfires, affordable housing and emergency/homeless shelters.  The housing bills from last year will be addressed in a separate post.  A separate post on new bills affecting law enforcement will also be added.  ... Continue Reading

tags: data collection, gender diversity, Independent Contractors, New laws, planning, public works, Sexual Harassment Training, surplus property, urban water retailers, wages, zoning,

AB 5 Signed By Governor: What is the Effect on Public Agencies?

by on September 19, 2019

posted in Employment Law, Recent Court Decisions,

On September 18, 2019, Governor Newsom signed AB 5 which codifies the Independent Contractor/Employee test in the Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903. AB 5 adds Section 2750.3 to the Labor Code which provides that a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity can satisfy the ABC test.  ... Continue Reading

tags: AB 5, ABC Test, Dynamex Case, Independent Contractors,

Vazquez Determines that Dynamex ABC Test for Independent Contractors Applies Retroactively

by on June 7, 2019

posted in Employment Law,

In Vazquez v. Jan-Pro Franchising International, Inc., 923 F.3d 575 (2019) (Vazquez) the United States Court of Appeals for the Ninth Circuit ruled that the ABC test established in Dynamex Operations W. v. Superior Court, 4 Cal.5th 903 (2018) (Dynamex) can be applied retroactively. At issue in Dynamex was whether or not delivery drivers working for Dynamex Operations West Inc., a transportation company, should be classified as independent contractors or employees. In that case the Supreme Court of California established an ABC test to determine whether a person is to be classified as an independent ... Continue Reading

tags: ABC Test, Dynamex Test, Independent Contractors,