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 AB 2257 repealed Labor Code Section...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...

Bills to Weaken AB 5 Face Senate Hearings

June 17, 2020 4:56 pmJune 18, 2020 2:45 pm

AB 5, the controversial independent contractor redefinition bill, has become closer to allowing numerous exemptions through two bills awaiting passage in the Senate. More exemptions under AB 1850 and AB 2257 Assembly Bill 1850 and Assembly Bill 2257, both authored by Assemblywoman...

AB 5 Has Lifelong Democrats Voting Red for the First Time

May 18, 2020 8:01 amMay 18, 2020 2:07 pm

Exit polls in the recent CA-25 Congressional race between Democratic Assemblywoman Christy Smith and Republican Mike Garcia revealed a lot of voters voting red as a protest over Assembly Bill 5, the bill authored by Assemblywoman Lorena Gonzalez (D-San...