The recent Dynamex case suggests that gig economy workers, such as Uber and Lyft drivers, will be considered as employees under California law. True…

  1. The recent Dynamex case suggests that gig economy workers, such as Uber and Lyft drivers, will be considered as employees under California law. 

True or False

2.Richard is a supervisor at Workbit, which has over 40 employees, most of which are located at the main office in Carson. The other day, Richard heard Tom and Raymond discussing their pay. Richard recalled that discussing compensation is prohibited under Workbit’s employment policies and the policy is stated in Workbit’s employee handbook. Richard calls Tom and Raymond into his office and informs them that both of them are subject to discipline and will be suspended without pay for one week for violating company policies. Which is an incorrect statement of the law?

a.Workbit should review its pay policies and practices to make sure that both Tom and Raymond do not have pay differentials for performing the same job.

b.Workbit needs to revise its employee handbook.

c.Richard may want to be able to explain to Tom and Raymond if there are any factors which justify pay differentials if they are performing substantially similar jobs.

d.Workbit needs to re-train Richard so that he does not restrict (or appear to restrict) employees from discussing wages.

3.A recent California Supreme Court case has established a new standard for independent contractors v employees and created the “ABC” test for establishing a worker’s independent contractor status. Which of the following are part of the new standard?

a.the worker performs tasks that are outside of the hiring company’s usual course of business

b.the worker is free from control and direction of the hiring entity, both under contract and in fact

c.the burden is on the hiring entity to establish that the worker was not intended to be part of wage coverage

d.the worker is customarily engaged in an independently established trade or business of the same type as the work performed.

4.Tasha is the owner of a construction company. She has several workers who she employs on an “as needed” basis. She has made sure to obtain the necessary documentation for I-9 requirements for all of her workers. One of her field supervisors has informed her that a couple of the workers have California drivers licenses of the type that are given to undocumented workers. She asks the supervisor to obtain copies of the licenses for the files. Within 10 days of receiving copies of the licenses, Tasha informs her workers that she can no longer employ them because of their undocumented status. Does Tasha have a problem with having terminated the workers? 

a.No, because the workers were employees at will.

b.Yes, because the workers had previously provided Tasha with documents that appeared on their face to be genuinely in compliance with the I-9 form.

c.Perhaps, under federal law if Tasha’s motivation was retaliatory and an unfair immigration practice because the workers could have other reasons for having that type of drivers license.

d.No, because Tasha complied with 

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