independent contractors Archives

California AGAIN Named Worst ‘Judicial Hellhole’ in the U.S.

December 7, 2021 3:56 pmDecember 8, 2021 6:16 am

California is ending 2021 with yet one more designation as the worst state for something. California is at the bottom of the country for economic and personal freedoms, our schools rank at the bottom, California has the highest taxes and...

AB 1561 Makes Important Changes to California’s ABC Test for Independent Contractors

September 30, 2021 7:28 pmSeptember 30, 2021 8:02 pm

On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 1561 (Labor and Employment Committee), which amends four provisions of AB 2257 (Gonzalez, 2020 Session), which is California’s law on the proper classification of independent contractors and the...

Analysis of the Lower Court Ruling on Prop. 22

August 21, 2021 6:05 pmAugust 23, 2021 11:35 am

Proposition 22 passed by voters in the November 3, 2020 General Election election, granted app-based transportation and delivery companies an exception to Assembly Bill 5 by classifying their drivers as “independent contractors” rather than “employees.” On August 20, an Alameda...

U.S. District Court Judge Rules Uber Can Argue Prop 22 Classification Suit

June 19, 2021 2:31 amJune 24, 2021 6:19 am

U.S. District Court Judge Edward Chen ruled on Thursday that Uber can challenge a lawsuit that alleged that around 4,900 Uber drivers had been misclassified as independent contractors under the controversial AB 5 law. AB 5, a law that reclassifies...

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...

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...

When Does Prop. 22 Take Effect?

November 13, 2020 2:15 amNovember 17, 2020 12:28 pm

With the adoption of Proposition 22 by the statewide electorate on November 3, questions have arisen regarding when the measure’s numerous provisions take effect. While Prop. 22 does not have a section specifying effective and operative dates, there are dates...