By: Bryan J. Nelson, Esq., Kristen MJ Johnson, Esq. and Alyssa Milby, Esq. It’s not the ABC test, but it’s complicated On October 13, 2022, the U.S. Department of Labor (“DOL”) is publishing a Notice of Proposed Rulemaking on independent contractors. There will be an...
In the News
Independent Contractor
AB5 Enforcement and Trucking Updates from California’s Employment Development Department and the Department of Industrial Relations’ Labor Commissioner’s Office
By: Michael Mantovani, Esq. and Kristen MJ Johnson, Esq. The trucking industry continues to watch California carefully as the state’s labor offices prepare to begin enforcement of AB5, the law governing limitations on the hire of independent contractors. On August 24,...
Viewpoint: How a Supreme Court ruling will immediately affect California trucking
Originally published on Freightwaves July 1, 2022. Republished with permission. All rights reserved. John L. Marchione and Kristen M.J. Johnson The U.S. Supreme Court decision not to take up the case of the California Trucking Association v. Bonta lifts the stay of...
How to Easily Understand the California Misclassification Tests
Breaking Down Complex Law into Bite Sized Pieces On June 30, 2022, the United States Supreme Court declined to take up the Ninth Circuit’s decision in California Trucking Association v. Bonta, 996 F.3d 644 (9th Cir. 2021), setting the stage for California’s AB5 to...
Employee or Independent Contractor? DOL seeks to give motor carriers clarity and potential court protections
Originally published in CCJ on October 14, 2020. Republished with permission. All rights reserved. A proposal issued recently by the Department of Labor seeks to provide clarity to both motor carriers and independent operators with regard to employment status. As...
California Court Decision on Uber/Lyft Drivers as Employees: Impact and Forecast on Trucking
On August 10, a California court required Uber and Lyft to treat their California drivers as employees. The August 10 order held that Uber and Lyft drivers will almost certainly be found to be employees under California Assembly Bill 5 (“AB-5”). On August 20, the...
COVID-19: Five Things to Look for in Your Independent Contractor Agreements
Originally published with Openforce. Republished with permission. All rights reserved. Taylor & Associates' Kristen Johnson provides key contract considerations to Openforce, a company that helps manage and assist independent contractors. We hope you find her tips...
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