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Archive for August 6th, 2010|Daily archive page

Ninth Circuit Amends Narayan v. EGL, Weakening Language Re Effect of Contracts Acknowledging Independent Contractor Status

In Employee/Independent Contractor on August 6, 2010 at 5:57 pm
Truck driver at TVA's Douglas Dam, Tennessee (LOC)
Image by The Library of Congress via Flickr

Significantly, the Ninth Circuit Court of Appeals yesterday amended its opinion in Narayan v. EGL, Inc., — F.3d —-, 2010 WL 3035487 (9th Cir. July 13, 2010).  The Court had written that “The fact that the Drivers here had contracts ‘expressly acknowledging that they were independent contractors‘ is simply not significant under California’s test of employment.”

The Court replaced this holding with “That the Drivers here had contracts ‘expressly acknowledging that they were independent contractors’ is simply not dispositive under California’s test of employment.”

By CHARLES H. JUNG

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New York Rejects Farmworker Overtime Pay Legislation

In Wage & Hour Legislation on August 6, 2010 at 5:44 pm
A farm homestead
Image by Powerhouse Museum Collection via Flickr

Already discussed and rejected several times this year, the New York legislature has again rejected legislation that would have give farmworkers overtime pay and other workplace rights.  The bill was voted down 31 to 28.  Before that, the bill was defeated in the Agriculture Committee.  The Post-Journal covers the story here.

By CHARLES H. JUNG

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