A former real estate agent failed to convince a California appellate court that the wrong test was used to decide whether he was an employee or an independent contractor for wage-and-hour purposes.
The lower court looked to a state unemployment insurance law in determining James Whitlach couldn’t pursue allegations under California’s Private Attorneys General Act because he wasn’t an employee. That’s the appropriate misclassification test for real estate agents, despite newer tests for other jobs, the California Court of Appeal, Fifth District, said in an unpublished opinion.
Whitlach worked for Premier Valley Inc., a franchisee of co-defendant Century 21 ...
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