Last Friday, September 4, Governor Newsom signed AB 2257, which includes a slew of modifications to the now-infamous AB5, which went into effect this year and codified the strict ABC independent contractor test, which we have addressed previously in this blog.
With this new amendment, there are now more than 100 exemptions and limitations to the original law, which was aimed at reclassifying
Last week, Uber Technologies, Inc. and Lyft, Inc. announced that they would suspend ridesharing operations in the State of California in response to an August 10, 2020 San Francisco Superior Court judge’s preliminary injunction, requiring the companies to reclassify their California drivers as “employees” within 10 days. The order came in the context of a lawsuit brought by California’s Attorney General Xavier Becerra and the
We invite you to review our newly-posted July 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
On Monday, Uber, Postmates and two of their drivers filed a lawsuit in federal court in the Central District of California, seeking declaratory and injunctive relief and a determination that AB-5 is unconstitutional.
AB-5 is set to become effective on Wednesday, January 1st and will have a major impact on California’s freelance workforce as well as most other companies that have workers located in
On January 1, 2020, California’s new worker classification law known as Assembly Bill 5 (“AB 5”), goes into effect. AB 5 codifies the three-factor “ABC” test adopted by the California Supreme Court in its 2018 Dynamex decision.
The bulk of newly added Section 2750.3 of the California Labor Code describes the various categories of workers and businesses that were fortunate enough to negotiate an
Assembly Bill 5, a proposed new law currently pending in the California legislature, would limit and codify last year’s California Supreme Court Dynamex opinion. If passed and signed into law by Gov. Newsom (he’s already said he’ll sign it), AB-5 would make it nearly impossible for most California employers to hire an independent contractor and would convert such workers into “employees” in the
We invite you to review our newly-posted May 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Vazquez v. Jan-Pro Franchising Int’l, 2019 WL 1945001 (9th Cir. 2019)
Last year, the California Supreme Court in Dynamex Ops. W. Inc. v. Superior Court, 4 Cal. 5th 903 (2018), adopted the so-called “ABC test” for determining whether a worker is an employee or independent contractor and in so doing made it much more difficult for a hirer to properly classify
Last year, we questioned whether California’s new restrictions on independent contractors would apply retroactively. Yesterday, the Ninth Circuit decided in Vazquez v. Jan-Pro Franchising Int’l, 2019 WL 1945001 (9th Cir. 2019), that the landmark ruling in Dynamex Operations West, Inc. v. Superior Court should be applied retroactively.
The new test established in Dynamex upended the Borello test, a multi-factor test that had