California Supreme Court Clarifies Standard for Determining if Workers are Employees or Independent Contractors

Written By ESR News Blog Editor Thomas Ahearn On April 30, 2018, the California Supreme Court issued an opinion in the case of Dynamex Operations West, Inc. v. Superior Court to clarify the standard for determining if workers in the state should be classified as employees or as independent contractors for wage orders adopted by California’s …

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Judge Rules Grubhub Delivery Driver is Contractor Not Employee in Important Case for Gig Economy

Written By ESR News Blog Editor Thomas Ahearn On February 2, 2018, a California federal judge ruled a former delivery driver for online food-ordering service Grubhub was an independent contractor and not an employee entitled to employment benefits in an important case for the emerging “gig economy,” according to a Courthouse News Service report.

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New Jersey Law Will Require Uber and Lyft Drivers to Undergo Driving and Criminal Background Checks

Written By ESR News Blog Editor Thomas Ahearn New Jersey Governor Chris Christie has signed into law new legislation – the “Transportation Network Company Safety and Regulatory Act” (A3695) – that will license and regulate transportation network companies (TNCs) such as Uber and Lyft and require them to meet insurance coverage standards and conduct driving …

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Ex-City Contractor Hired Without Criminal Background Check Charged in Theft

  Written By ESR News Blog Editor Thomas Ahearn A contractor who served two jail sentences before being hired by Newburyport, Massachusetts as the city’s parks manager without undergoing a background check has been charged in the theft of $43,000, according to an article posted on The Daily News of Newburyport website.

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Fair Chance Act Would Ban the Box for Federal Contractors

Written By ESR News Blog Editor Thomas Ahearn Members of Congress have introduced bipartisan legislation – The Fair Chance Act – that would “Ban the Box” and give ex-offenders a fair chance at finding employment by prohibiting federal contractors and federal agencies from asking about the criminal history of a job applicant until a conditional …

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California Rules Uber Driver is Employee Not Contractor

Written By ESR News Blog Editor Thomas Ahearn The California Labor Commissioner’s Office has ruled that a driver who worked for ride-sharing application technology provider Uber should be classified as an employee and not an independent contractor, according to a story by The New York Times.

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DHS Questioned about Contract to Background Check Firm

Written By ESR News Blog Editor Thomas Ahearn Representative Elijah Cummings (D-MD) and Senator Tom Coburn (R-OK) have written a letter to Department of Homeland Security (DHS) Secretary Jeh Johnson asking for an explanation about the awarding of a $190 million contract to a background check firm accused of “alleged fraudulent activity” with investigations in …

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DOL Hiring Discrimination Case against Federal Contractor Involving Applicant Screening Settled for Two Million Dollars

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has announced a federal contractor has agreed to settle “allegations of systemic discrimination stemming from the company’s applicant screening process”  that discriminated against 795 female and minority applicants by denying them the opportunity to advance to the interview stage. Under terms of the …

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New California Law Penalizes Employers for Willful Misclassification of Independent Contractors in 2012

Effective January 1, 2012, a new California law – Senate Bill 459 (SB 459) – imposes stiff penalties that range between $5,000 to $25,000 for the “willful misclassification” of independent contractors by employers “avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.” To read SB 459, visit: …

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California SB 459 Enacts Stiff Penalties for Employers Willfully Misclassifying Workers as Independent Contractors

Adding to the recent changes in laws regarding the use of employment credit checks and E-Verify by employers in the Golden State, California Governor Jerry Brown has approved Senate Bill 459 (SB 459) that enacts stiff penalties – including fines of $5,000 to $10,000 for first violations and up to $25,000 for repeat violations – …

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