California Employers Should Review Evolving Worker-Classification Rules, SHRM, ft. Kartikey Pradhan
Kartikey Pradhan, attorney in the KDV San Francisco office, was quoted in a recent SHRM article.
The federal government recently issued a final rule making it easier for employers to classify workers as independent contractors rather than employees, but California businesses still must follow the state’s more stringent rules.
Employers should note, however, that the DOL’s rule doesn’t replace state laws on employment classification. “While the department appreciates the desire to achieve uniformity across the various state and federal laws which may govern work arrangements, requests to modify definitions and tests under different laws are outside the scope of this rulemaking,” according to the final rule.
The incoming presidential administration could delay the federal rule or propose a new one. Kartikey Pradhan, an attorney with Kaufman Dolowich & Voluck in San Francisco, said President-elect Joe Biden’s administration may take additional steps at the federal level to make it more difficult for businesses to classify workers as independent contractors.
Biden supports a nationwide ABC test, according to his website.