Los Angeles Partner Discusses Possible Third Category of Workers

In the Daily Journal article “Could a 3rd Category of Worker Resolve Flexibility Versus Benefits Disputes?,” Los Angeles Managing Partner Todd Scherwin discusses a study that proposed a third category of workers called “independent worker.” According to the study, the theoretical independent worker would gain the ability to collectively bargain and participate in tax withholdings and workers’ comp while surrendering wage and hour protections.

When discussing potential relaxing of overtime regulations for a third category of workers, Todd explains that California’s strict law might pose an issue. He says, “The need to track daily hours and control whether the person is working 10 hours one day and two the next is an issue in California because they’re subject to our overtime and minimum wage laws.”

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