- Posts by Lauren FierroSenior Associate
Lauren Fierro is an associate in the Commercial and Complex Litigation Practice Group where she divides her practice between private labor and employment litigation, advice and counsel, and business and commercial litigation ...
On January 6, 2021, the Department of Labor (“DOL”) announced the new final rule for worker classifications called the “economic reality” test. The new DOL final rule provided that two core factors were to be examined to determine whether a worker is properly classified as an independent contractor under federal law: (1) the nature and degree of control over the work; and (2) the worker’s opportunity for profit or loss based on initiative and/or investment. As previously discussed here, these requirements are much less stringent than the “ABC” test adopted by California, which requires that the worker perform work outside the usual course of the hiring entity’s business and that the worker is customarily engaged in an independently established business of the same nature.
Other AALRR Blogs
Recent Posts
- California Labor Codes’ Policy Against Forum Selection Clauses Overrides Compulsory Cross-Complaint Laws
- Privacy and Data Security National Update: Increasing Federal Involvement in Data Security and Enforcement
- California Privacy Law Update: The California Privacy Protection Agency Takes Shape and CCPA Litigation Update
- California Privacy Law Update: The CCPA and CPRA Amended (Yet Again) and New Protection for Genetic Information
- California Court of Appeal Issues Potentially Far Reaching Decision Regarding California’s “Bounty Hunter” Labor Code Private Attorneys General Statute
- Supreme Court Ruling Narrowing Patent Assignor Estoppel Doctrine Favors Employee Mobility In Post-Employment Disputes Involving Invention Assignments
- Supreme Court Ruling in Google v. Oracle Marks Significant Victory for Copyright “Fair Use” in Commercial Works
- Recent Amendment to California’s Homestead Exemption May Make Recovery On Personal Monetary Judgments More Difficult
- California Appeals Court Increases Creditor Protections, Limits Protections for a Debtor’s Out-Of-State Transfers.
- Government Watchdog Advises Division of U.S. Treasury Department Against Use of GPS Cell Phone Data Without a Warrant
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