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NEW STATUTE IN CALIFORNIA IMPOSES NEW RULES FOR ASSESSING INDEPENDENT CONTRACTOR STATUS
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.
NEW SUPREME COURT COPYRIGHT OPINION REQUIRES NEW STRATEGIES FOR PROTECTING WORKS
Posted: April 1, 2019 | News, Tips
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.
NEW TEST FOR DETERMINING INDEPENDENT CONTRACTOR STATUS
Posted: March 22, 2019 | News, Tips
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.
COPYRIGHT COMPLEXITIES: FRESH PRINCE OF BEL-AIR STAR ALFONSO RIBEIRO DENIED COPYRIGHT CLAIMS TO THE CARLTON DANCE
Posted: February 28, 2019 | News
"The Carlton" dance is iconic. But the U.S. Copyright Office says Fresh Prince of Bel-Air star Alfonso Ribeiro cannot copyright the dance move. The ruling was filed in one of two lawsuits the actor Alfonso Ribeiro has brought against video game makers whose characters and avatars perform “The Carlton” — a dance he popularized on the sitcom The Fresh Prince of Bel-Air.
NORTH, NASH & ABENDROTH LLP CELEBRATES OVER TWELVE YEARS IN BUSINESS: BRAND REFRESH AND WELCOME TO OUR NEW BLOG
Posted: September 1, 2017 | News
As we celebrate over twelve years providing Southern California with innovative and effective litigation and legal advisory services, there seems no better time to announce our firm’s new brand refresh.