Recently, the United States Ninth Circuit Court of Appeals (which includes California) ruled on how we answer the question Is Your New Hire an Unpaid Student Intern or a Paid Employee? The Federal court adopted what is referred to as the “Primary Beneficiary Test” to determine this issue under the Fair Labor Standards Act (“FLSA”).[1] […]
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EMPLOYEE vs. INDEPENDENT CONTRACTOR: The New Frontier (again)
Recently, the California Supreme Court issued a decision laying out the newest piece of law on the age old question of whether a worker should be classified as an employee or an independent contractor. (See Dynamex Operations West v. Superior Court, No. S222732, April 30, 2018, Slip Op. at 66-67) While there is always […]
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