“ABC” test Archives

In Defense of AB 5

April 7, 2021 2:30 amApril 6, 2021 7:00 pm

While I am not a fan of California’s approach to the classification of workers in this state, I feel an obligation to correct the misunderstanding that continues to be perpetuated about AB 5 and its impact on independent contractors. AB...

AB 5 Exemption Bill For Seasonal Live Theater Workers Given New Committee Assignment

March 8, 2021 2:52 pm

An Assembly bill that would fracture AB 5 worker classifications by adding an exemption for seasonal live theater workers was assigned to the Assembly Labor and Employment Committee over the weekend. Assembly Bill 1227, authored by Marc Levine (D –...

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...