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Category: News Releases

California Adopts New Test for Determining Independent Contractor Classifications

By Hoge Fenton | 05.8.2018 | Client Alerts

On April 30, 2018, the California Supreme Court issued a decision that establishes a new three-part test for determining whether a worker can be classified as an independent contractor. While the new test provides greater guidance and is more definitive than the prior multi-factor balancing test, the new test makes it far more difficult for businesses to classify workers as independent contractors, and it creates substantial risk for companies that currently classify any workers as independent contractors. The California Supreme Court case, Dynamex Operations West, Inc. v. Superior Court, involved a class-action lawsuit by delivery drivers against Dynamex, a same-day courier and delivery service. Workers sued Dynamex after the company restructured its business, reclassifying drivers from employees to independent contractors. The workers alleged that they were misclassified and that Dynamex was required to comply with various Labor Code and Wage Order requirements applicable to employees (e.g. meal and rest breaks, overtime). Instead of applying the balancing test historically used to evaluate independent contractor classifications, the Court adopted and applied the “ABC test” – under this test, an individual is an independent contractor only if each of the following is true: (A) the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact; (B) the worker performs work that is outside the usual course of the hiring entity’s business; and (C) the worker is customarily engaged in an independently established trade, occupation, or […]

Hoge Fenton’s Corporate Group Grows with the Addition of Attorney Gunjan Punjabi

By Hoge Fenton | 05.4.2018 | News Releases

Please join us as we welcome attorney Gunjan Punjabi to the firm’s Corporate Practice Group. Gunjan will assist on advising startups and mature companies with business and corporate transactional matters, including M&A, finance, corporate restructuring, governance, and commercial transactions. She will assist with real estate transactions as they relate to corporate matters. Gunjan has practiced law internationally and has a background in law firm and in-house counsel positions. Prior to joining Hoge Fenton, she was head legal counsel at India Blue Mountains in Mumbai, a UK-based real estate and hospitality investment fund. Prior to going in-house, Gunjan worked as a corporate and commercial transactions associate at Dua Associates, a top-tier law firm in India. In the United States, She worked for Verity Health Systems, one of California’s largest nonprofit non-religious healthcare systems, and assisted with commercial and real estate transactions at The Victoria Law Group, a Miami-based law firm. In the fintech space, Gunjan has experience at SIFT (Shopbox Inc.), a startup focused on claiming refunds for price drops after purchase and analyzing hidden benefits in credit card policies to streamline claims for its customers. A graduate of Symbiosis School of Law, University of Pune, India, Gunjan was admitted to practice in India in 2004. She obtained a masters degree (LL.M.) with top honors from U.C. Berkeley Law in 2016 with a Certificate in Intellectual Property Law and Technology. She is an IAPP Certified Privacy Professional (CIPP/US). Gunjan was admitted to the California Bar in December 2017. “I am elated […]

Client Alert: Stop the Madness. Do you really need to comply with the GDPR?

The new European General Data Protection Regulation, or “GDPR” has created a lot of buzz and confusion about what companies that collect or handle personal data from the EU should do to protect their data. With the May 25, 2018 deadline fast approaching, many of these companies are asking their existing service providers and business partners to sign new Data Protection Agreements or “DPAs”. Those who sign would be contractually bound to comply with provisions of the GDPR. In some cases, large multinational corporations will send out hundreds or even thousands of these template DPAs. Given the complexity of the GDPR, though, many of these large companies simply send the DPA to all their service providers without much thought as to whether those service providers are actually processing any EU data at all. Just because you’ve been asked to sign a DPA doesn’t mean that your operations or services are necessarily under the purview of the GDPR. Before you sign that DPA, stop and think whether your company actually handles any personal data from the EU, or whether you will ever have such data in the first place. For example, a payroll provider based in the US that provides payroll services exclusively for US-based companies is unlikely to ever handle personal data from the EU. Why should this company be forced to comply with the burdensome requirements of the GDPR? The answer is that they may not have to. Compare that payroll provider to a small US-based IT Help Desk […]

Privacy & Cybersecurity and Intellectual Property Attorney Matthew Wes Joins Hoge Fenton

By Hoge Fenton | 04.20.2018 | News Releases

Hoge Fenton is pleased to announce that Matthew Wes will be joining the firm’s Privacy and Cybersecurity and Intellectual Property groups. Matt brings valuable IP, privacy and data security experience, having served previously as a Privacy Fellow at LinkedIn and as a post-Bar legal fellow at the Wikimedia Foundation, Mozilla (the Firefox company), TRUSTe, and the Santa Clara County District Attorney’s Office. Matt received his J.D. at Santa Clara University School of Law and is CIPP/US certified by the International Association of Privacy Professionals. “Matt is the perfect addition to the Privacy & Cybersecurity and Intellectual Property groups. His experience at online technology companies at the forefront of privacy and data security issues, as well as working within government agencies, gives Matt a unique and valuable insight into these dynamic areas of the law, which he will use every day in serving Hoge Fenton’s clients,” said Stephanie Sparks, Chair of the firm’s Privacy and Cybersecurity and Intellectual Property groups. “We are excited to add Matt Wes to our growing team.” Please join us in welcoming Matt. Find out more about our IP/Privacy Practice

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