Relearning the ABCs: California Supreme Court Adopts New Independent Contractor Test, LaborSphere

[In April],  in Dynamex Operations West, Inc. v. Superior Court, 2018 WL 1999120 (Apr. 30, 2018) (Dynamex), the California Supreme Court upended the prevailing understanding of the independent contractor-employee distinction under California law. In a ruling that is certain to have wide-ranging repercussions for companies that rely on independent contractors, the Court declined to apply the multi-factor common law test derived from its 1989 decision in S.G. Borello & Sons, Inc. v. Dep’t of Indus. Rel’ns, 48 Cal. 3d 341 (1989) (Borello) to the question of whether a worker is an “employee” subject to the minimum wage and overtime protections of the California Industrial Welfare Commission’s (“IWC”) wage orders. Instead, the Court adopted a simple, three-part test that likely will expand the wage orders’ reach. Continue reading.

Shaking down manufacturers doesn’t help climate change fight, Sac Bee

California manufacturers are big players in the state’s efforts to address climate change. The largest companies are regulated through a program that will greatly reduce emissions and grow the economy at the same time. The result will be a win-win for jobs and the environment. Continue reading.

Opinion: With air-quality standards, is the cure worse than the disease? Orange County Register

Have we reached the point where air pollution regulations are harming people more than air pollution itself?

That’s the question at the heart of the dispute between the Trump administration and California about the Environmental Protection Agency’s air pollution program known as NAAQS, the National Ambient Air Quality StandardsContinue reading.