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When Is a Retained Agent an Employee vs. an Independent Contractor, in Light of the Uber Decision

PDF California Insurance Wholesalers Association
La Jolla, CA
January 11, 2016

Spencer Hamer and David Hauge spoke at the California Insurance Wholesalers Association's (CIWA) 2016 California Wholesalers Industry Days on January 11, 2016 in La Jolla, California. In their session, they discussed the ongoing debate about, "When Is a Retained Agent an Employee vs. an Independent Contractor, in Light of the Uber Decision."

On September 1st, 2015, the California Federal court certified a class of Uber drivers that claimed they had been misclassified as independent contractors rather than employees. Labor and employment partner Spencer Hamer reviewed the criteria for employee status established by the California Supreme Court and discussed the often costly ramifications for companies that misclassify employees as independent contractors.