California independent contractor test

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

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

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

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

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

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