“ABC” test Archives - California Globe

Legislation Creates Business-to-Business Exemption from ABC Worker Classification Test

February 13, 2021 11:30 amFebruary 13, 2021 9:26 am

On February 12, Assemblyman Chad Mayes (I-Yucca Valley) introduced Assembly Bill 612, which would create a business-to-business exemption from the “ABC Test” for worker classification. The bill would add Section 2776.5 to the Labor Code. Under existing law, California’s Labor...

Prop. 22 SEIU Lawsuit Should be Rejected by Courts

January 24, 2021 11:12 amJanuary 25, 2021 5:37 pm

With the adoption of Proposition 22 by 58% of California voters on November 3, a new employment designation was created in California law for “app-based drivers.” Prop. 22 was placed on the ballot after Assembly Bill 5 was passed in 2019...

California Supreme Court Rules Dynamex Decision Is Retroactive

January 15, 2021 7:02 amJanuary 15, 2021 7:05 am

On January 14, the California Supreme Court ruled unanimously that its landmark Dynamex decision instituting the “ABC Test” for worker classification is retroactive. The high court wrote, “In concluding that the standard set forth in Dynamex applies retroactively — that...

CA Supreme Court Undermines Independent Worker Test Ruling it Retroactive

January 15, 2021 2:25 amJanuary 16, 2021 10:35 am

On Thursday the California Supreme Court ruled that the “ABC” test for finding independent contractors and workers under the AB 5 law is now to be considered retroactive. Under AB 5, the ABC test, first clarified in the 2018 Dynamex...

AB 25: Back to Borello Factors for Independent Contractors

December 9, 2020 4:40 amDecember 9, 2020 6:38 pm

On December 7, the first day of the California Legislature’s 2021-22 Session, Assemblyman Kevin Kiley introduced Assembly Bill 25, which would repeal AB 5/AB 2257 and codify the Borello case factors in California law for purposes of determining worker classifications...

AB 5 ‘Fix:’ New Exemptions Added to California’s Independent Contractor Law

September 14, 2020 2:20 pmSeptember 15, 2020 11:31 am

As many are aware, Assembly Bill 2257, by Assemblywoman Lorena Gonzalez (D-San Diego), was signed by Governor Gavin Newsom on September 4 as Chapter 38. As an urgency measure, the statute took effect immediately. AB 2257 repealed Labor Code Section...

California Atty General To File Injunction to Force Uber/Lyft to Reclassify Drivers as Employees Within Weeks

June 24, 2020 1:11 pmJune 25, 2020 4:04 pm

Last month, California Attorney General Xavier Becerra and city attorneys from Los Angeles, San Francisco, and San Diego, sued Uber and Lyft, claiming the companies wrongfully classified drivers as independent contractors – even as Assemblywoman Lorena Gonzalez (D-San Diego), author...