Posted: November 12, 2019 | News
Will California soon see big-rig trucks and ride-share cars on the market, as former independent contractors shut down their businesses because they cannot convert to “employee” status? If so, the cause would be California legislature’s, sweeping new law that reshapes how businesses classify workers.
On September 11, 2019, the legislature approved AB 5, a controversial new law that codified and expanded the controversial “ABC text” set forth in Dynamex Operations West, Inc. v. Superior Court (“Dynamex”) for determining whether to classify workers as “employees” or “independent contractors.” The governor signed the bill on September 18, 2019 and it goes into effect January 1, 2020. The law will make it vastly more difficult for California businesses to classify works in California as independent contractors. And, the law also will significantly affect business-to-business arrangements, as businesses may become liable to employees of their vendors, even vendors that are major and established businesses. The implications and financial impact on California businesses is enormous.
Posted: June 28, 2019 | Tips
Are you an aspiring screenwriter or author who has dreamed of pitching your script or idea to a studio, for broadcast, or to cable TV network? But then you ran into the “No Unsolicited Materials” policy that studios and networks display? Why do they have this policy and what can you do get your pitch to them? Our experienced attorneys at North, Nash & Abendroth have represented both studios/networks and writers and we understand this policy and its many nuances.
Posted: May 8, 2019 |
In one of our recent blog articles, we reported on the decision of the California Supreme Court in Dynamex Operations West v. Superior Court, which introduced a radically new test for determining whether a worker should be regarded as an employee or independent contractor under the state’s Wage and Hour laws. In a significant decision just handed down on May 2, 2019, which could have a major effect upon California hiring entities and persons, the Ninth Circuit Court of Appeals held that the new Dynamex test applied retroactively. The Ninth Circuit’s decision was reached in Vazquez v. Jan-Pro Franchising, Inc.
OVERVIEW: In an important decision with implications for protecting all copyrighted works, of businesses and individuals, this month the U.S. Supreme Court (“SCOTUS”) unanimously held that, under § 411(a) of the Copyright Act, a claimant may not file a lawsuit for copyright infringement of a given work until an application to register the work with the Copyright Office has either been granted or refused. See Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC. In this case, the claimant did not pre-register the work before filing suit. Consequently, SCOTUS affirmed the dismissal of the copyright infringement suit based on non-compliance with § 411(a). Henceforth, protecting copyright in works of authorship (e.g., books, computer programs, articles, and business publications) requires a new strategy for businesses and individuals who wish to protect their works.
OVERVIEW: In one of the most impactful and far-reaching employment law decisions, the California Supreme Court recently handed down a landmark decision holding that, to comply with California wage orders, a business firm desiring to claim that workers are independent contractors rather than employees now must now carry the burden of proof to meet a new, rigorous three-part test. Although this decision was announced nearly a year ago, California employers continue to grapple with its implications. The new test is a radical change from the multi-factor test that applied in California since 1989. See Dynamex Operations West, Inc., v. Superior Court, S222732 (Cal. Apr. 30, 2018). The case presumes that all worker are employees. The decision has significant ramifications for California businesses.