There is a great deal of confusion and uncertainty in the high-tech industry when it comes to dealing with the California computer professional exemption under California Labor Code section 515.5. This uncertainty is largely due to novelty and complexity of the law and lack of California judicial guidelines on how to apply the exemption.
During the past few decades, there has been a fair amount of litigation taking place in state courts regarding the issue of whether insurance agents are employees or independent contractors for purposes of wage-and-hour claims. A few weeks ago, in Arnold v. Mutual of Omaha Ins. Co, a California Appellate Court
In their latest efforts to crackdown on independent contractor misclassifications, California legislature passed and Governor Jerry Brown signed into law a new measure (SB 459) which imposes strict financial penalties on companies and individuals who “willfully” misclassify employees as independent contractors.