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O'Malley & Madden Weekly Weekly
Topic of the Week
Worker Classification: Independent Contractor or Employee
Knowing whether a worker is an employee or an independent contractor is important for both workers and employers. Any worker should understand how they are classified, and what it means. As an independent contractor, you may have more freedom to choose ho
Blog of the Week
How Does the Passage of AB 5 in California Affect Me and Others in the Gig Economy?
Today Governor Gavin Newsom signed into law Assembly Bill 5. The untitled new law will have a significant impact on the gig economy in California. It will be increasingly difficult to lawfully classify California workers as independent contractors. With the exception of several significant carveouts, which I discuss below, the definition of “to employ” announced by the California Supreme Court last year in Dynamex v. Superior Court (2018) 4 Cal.5th 903 will define the relationship between the hired and the hirer moving forward. The core of the new law takes effect January 1, 2020.
Thought for the Week
"Workers lose basic protections like the minimum wage, paid sick days and health insurance benefits. Employers shirk responsibility to safety net programs like workers' compensation and unemployment insurance. Taxpayers are left to foot the bill," Reversing the trend of misclassification is a necessary and important step to improve the lives of working people."
–Gavin Newsom; California Gov.
List of the Week
from Workplace Fairness
Top Searches on Leaves this week:
- Sick Leave
- Disability Leave
- Paid Sick Leave
- Family Medical Leave
- Military Leave
Top Five News Headlines
- NLRB reverses course on graduate students' right to organize as employees
- House Votes To Ban Forced Arbitration
- Even In A Competitive Labor Market, Little Vacation For Workers
- Low-wage workers gather to build power across sectors in the South
- Home care workers have a lousy job. A new bill in Congress aims to change that.