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California Supreme Court Requires Employers to Pay Meal and Rest Period Premiums at the Regular Rate of Pay

USA - July 16 2021 On July 15, 2021, the California Supreme Court held in Jessica Ferra v. Loews Hollywood Hotel, LLC that Labor Code Section 226.7 requires employers…

David L. Cheng.

U.S. DOL Signals Tougher Stance on Federal Classification of Workers as Independent Contractors

USA - May 11 2021 On May 6, 2021, the United States Department of Labor (DOL) withdrew proposed rules set by the Trump Administration, which were originally intended…

Jack Schaedel.

Misclassification Liability in the Rear-View Mirror May Be Greater Than It Appears: Cal Supremes Say Dynamex "ABC Test" Applies Retroactively

USA - January 19 2021 It was quite a week for the gig economy in California. This is the second of a two-part update; last week we reported on a union- and driver-led…

Jack Schaedel.

Driving in Reverse? Uber/Lyft Drivers Seek to Undo California's Proposition 22

USA - January 14 2021 On January 12, 2021, Uber and Lyft drivers became the first gig workers to challenge Proposition 22, just two months after voters passed it into law…

Jack Schaedel.

Passage of Proposition 22 Provides Independent Contractor Exemption for Uber, Lyft, and Other Online-Based Transportation Businesses

USA - November 6 2020 On November 3, 2020, California voters passed the long-awaited Proposition 22 (text available here), which exempts online-based…

Jack Schaedel.