App-Based Companies, Truckers Move To Apply Prop. 22 After Win

The ridesharing companies Uber Technologies, Inc. and Lyft, Inc. are wasting little time in putting Proposition 22 to use even though it is not yet officially in effect. The companies filed petitions for rehearing with the First District Court of Appeal in San Francisco to overturn an October ruling ordering them to reclassify their drivers … Read More »

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Employee Misclassifications Costly for Workers, State

A new research report examining employee misclassifications in the trucking, construction and janitorial industries finds that the practice is having a disproportionate impact on persons of color and recent immigrants. The paper from the University of California Berkley’s Center for Labor Research and Education is meant to serve as a snapshot of existing practices in … Read More »

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Wage Theft Cited, But Payroll Not Reported

The California Labor Commissioner says a Southern California construction company owes nearly 1,100 workers roughly $12 million in unpaid wages, interest, and penalties. The allegations include almost $3.5 million in straight pay and pay for missed rest breaks owed to workers. The details of this case provide only a glimpse into the real size of … Read More »

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Truckers Lose Classification Dispute

California’s common-law test for determining the status of a truck driver as either an independent contractor or an employee is legal and is not preempted by the Federal Aviation Administration Act of 1994 (FAAA). The decision by the United States Ninth Circuit Court of Appeal turned back a challenge filed by the California Trucking Association … Read More »

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Employer Must Pay Lien For No Insurance

A California company cited for operating without workers’ comp insurance cannot avoid a lien that the Department of Industrial Relations placed on the company’s real property. The lien covers the nearly $31,000 penalty, but whether the citation was ever warranted is an issue. The question is why, given the fact that the employer had insurance, … Read More »

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Truckers Sue DIR Over Contractor Status

The California Trucking Association is suing the Department of Industrial Relations and the California Labor Commissioner claiming that the agencies have routinely denied trucking companies their due process rights in hearings to settle wage claims. The Association is alleging a long-running coordinated effort by the government to reclassify “owner drivers” as employees of the trucking … Read More »

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