On Monday night, the California legislature passed Assembly Bill 2257 (AB2257), a clean-up bill to Assembly Bill 5 (AB5). Under AB 2257, musicians, fine artists, freelance writers, photographers, and translators would be among those getting exemptions from AB5 to continue working as independent contractors, rather than as employees. The bill is expected to be signed
California independent contractor test
Musicians Reach Deal on AB5 Exemption
Written by Sharon Shaoulian
California’s music industry finally came to an agreement with lawmakers on pending amendments to California’s Assembly Bill 5 (AB5). The amendments would provide relief to professionals in the music industry, including recording artists, musicians, composers, songwriters and vocalists, amending the prior language in AB5 that created hurdles for self-employed…
Court Gives California Independent Contractor Law AB-5 The Green Light
Gig economy giants Uber and Postmates failed to convince U.S. District Judge Dolly Gee that she should grant an injunction to prevent enforcement of AB-5. While seeking to halt enforcement of AB-5, the companies concurrently contend that the law does not apply to their drivers. In case you’re just tuning in, AB-5 creates a legal…
AB-5 (The Law Eviscerating California Employers’ Ability to Hire Contractors) — Blog Post Updated January 4, 2020 is Still Alive and Well
If you were hoping that AB-5 (the CA statute codifying the ABC standard into widespread law) would be held invalid, enjoined, or would just fall off a cliff, it is time to face reality. AB-5 is alive and well, and effective January 1, 2020. That means any California employer who still relies on independent contractors…
Preserving Your Franchise System in the Face of California’s AB5 — Webinar November 20, 2019
How will AB-5 impact franchise relationships in California? What steps can franchisors take to best protect their interests in California in a post-Dynamex, post AB-5 landscape? These are some of the questions Tami McKnew and I will be answering in a reprise of a webinar we first presented on October 28, 2019. Join us on…
Preserving Your Franchise in the Face of AB-5 (Free Webinar)
How will AB-5 impact franchise relationships in California? What steps can franchisors take to best protect their interests in California in a post-Dynamex, post AB-5 landscape? These are some of the questions Tami McKnew and I will be answering in a Webinar on October 28, 2019. It’s free, and we hope you will join…
AB 5 Will Reshape Worker Classifications
Today, Governor Newsom signed AB 5 into law, drastically altering how millions of Californians are paid and drastically altering the legal analysis involved in distinguishing between “employees” and “independent contractors.” Daniel Kitzes and Brian Casillas have prepared a thoughtful analysis of this new law. You can read it here.
If you have workers in…
Roadmap to Expansion – Independent Contractors From Top to Bottom
The California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court continues to change the legal landscape. On May 2, 2019, the 9th Circuit Court of Appeal revived a decade old lawsuit, Vazquez v. Jan-Pro Franchising Int’l., applying Dynamex’s ABC test retroactively and dismissing substantial due process concerns. While dismissing the…
Questions Remain About Who’s an Independent Contractor in California
It’s been nearly six months since the California Supreme Court announced that employers and government agencies were using the wrong test to determine who’s an independent contractor. In Dynamex Operations West, Inc. v. Superior Court, the court declared that employers must meet the three-prong ABC test to overcome the presumption of employment status. But…