Tag: “ABC” test
Legislation Creates Business-to-Business Exemption from ABC Worker Classification Test
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
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
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
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
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
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 AB 2257 repealed Labor Code Section...