Independent Contractors Vs. Employees - Dynamex, One Year Later
The Chamber, in partnership with the El Camino College Small Business Development Center (SBDC), offers educational seminars on topics relevant in today's business world. This month Michelle Lee Flores and Marissa Alguire, both Partners at Akerman LLP, will discuss the landmark Dynamex decision.
On April 30, 2018, the California Supreme Court issued its landmark decision in Dynamex, establishing a challenging new standard for employers to lawfully classify service providers as independent contractors rather than employees. One year later, California employers are struggling to make sense of and comply with the decision, so we've secured two seasoned employment lawyers who will address many very important issues, including:
- What standard does Dynamex set and how can it be satisfied?
- Under which laws does Dynamex apply now and how may its reach spread?
- Which employers and what roles are most at risk?
- How are courts ruling on whether Dynamex is retroactive?
- How may employers minimize their risk under Dynamex?
Michelle Lee Flores is an employment litigator with deep experience handling jury and bench trials, arbitration, mediation and pre-litigation negotiations involving sex, race, religion, age and disability harassment and discrimination, and wage and hour violations, including class actions, and wrongful termination. She is a thought leader on many topics, including cannabis in the workplace and harassment prevention in the Time's Up and #MeToo era, and has been interviewed by numerous radio and television news programs and publications, including U.S. News and World Report, Variety, The Economist, Fortune, Fast Company, Los Angeles Times, New York Post, and Huffington Post.
Michelle also advises clients on employment compliance, internal investigations, discipline, terminations, reductions in force and wage and hour matters. She prepares workplace policies and procedures manuals, drug testing policies, employment contracts and separation agreements, and harassment and discrimination prevention policies, including preventive counseling and in-house training.
Marissa Alguire represents employers in all aspects of employment-related business matters and litigation in state and federal courts, and in arbitration. Her practice focuses on the defense of management in class action, multi-plaintiff and single plaintiff lawsuits, against claims of harassment, discrimination, wrongful termination, retaliation, wage and hour violations and PAGA issues. She also defends clients in proceedings before the Department of Fair Employment and Housing, the Division of Labor Standards Enforcement, the Equal Employment Opportunity Commission, the U.S. Department of Labor, and the Employment Development Department.
Marissa also provides day-to-day advice and counseling to employers on employment issues including employment policies and procedures, internal investigations, accommodation requirements, leaves of absence, wage and hour compliance, employment agreements, discharge and discipline, reductions in force, disability access laws, and manager and employee training. She also provides AB1825 Sexual Harassment Prevention Training and is fluent in Spanish.