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California › Employee Definition › ABC Test

Manatt, Phelps & Phillips, LLP

California’s AB 5 Survives Ninth Circuit Review

Manatt, Phelps & Phillips, LLP on

California’s Assembly Bill 5 (AB 5) doesn’t violate federal or state Equal Protection clauses, the en banc Ninth U.S. Circuit Court of Appeals has determined. The dispute dates back to 2019, when the state legislature...more

Jackson Lewis P.C.

Ninth Circuit Holds California’s ABC Test for Classifying Independent Contractors Does Not Violate First Amendment

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Ninth Circuit reviewed a challenge to California’s “ABC Test,” also referred to as Assembly Bill (AB) 5, which is California’s test for whether a worker can be classified as an independent...more

ArentFox Schiff

An Initial Threshold Test Is Not Required in Order to Apply the “ABC Test” in Dynamex

ArentFox Schiff on

An Initial Threshold Test Is Not Required in Order to Apply the “ABC Test” in Dynamex - Introduction - In the past few years, California employers and courts have grappled with the impact of Dynamex Operations West,...more

ArentFox Schiff

California Judge Enjoins Proposition 22 as Unconstitutional in Classifying App-Based Drivers as Independent Contractors

ArentFox Schiff on

In November 2020, California voters passed a ballot initiative, Proposition 22, by an overwhelming majority. Proposition 22 exempts certain app-based drivers from the requirements of California’s Assembly Bill 5 (AB 5) by...more

ArentFox Schiff

Ninth Circuit Rules California’s AB5 Will Apply to Motor Carriers

ArentFox Schiff on

The Ninth Circuit Court of Appeals has issued a long-awaited decision on the question of whether AB5, California’s strict independent contractor misclassification statute, may be applied to motor carriers, or whether the...more

ArentFox Schiff

California Rules 'ABC' Independent Contractor Test Applies Retroactively

ArentFox Schiff on

In Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018), the California Supreme Court held that any individual who performs work for a person or entity is presumed to be an employee who falls within the...more

Foley & Lardner LLP

California Employers Fight Back Against AB 5 with Mixed Results

Foley & Lardner LLP on

Since its introduction on September 18, 2019, Assembly Bill 5 (AB 5) has caused confusion and controversy, and has sparked fervent opposition across California, as it codifies the common law “ABC Test” used for determining...more

Stoel Rives - World of Employment

California Modifies the ABC Test – But It Doesn’t Really Help

Stoel Rives - World of Employment on

Last year, California Governor Gavin Newsom signed Assembly Bill (“AB”) 5, which signaled a seismic shift in the way California employers classify workers as either independent contractors or employees.  On September 4, 2020,...more

Sherman & Howard L.L.C.

California Updates ABC Test Law – Effective Immediately

Sherman & Howard L.L.C. on

California Governor Newsom recently signed A.B. 2257 into law. The new law further changes California’s law concerning classifying workers as employees or as independent contractors. Last year, California “clarified” its law...more

Fisher Phillips

Nibbling Around The Edges? California Continues To Make Changes To AB 5 And The ABC Test

Fisher Phillips on

A new law just went into effect that revises California’s test for determining whether a worker is considered an employee or an independent contractor, slicing off a number of various work arrangements from having to comply...more

Jackson Lewis P.C.

California AB 5 And The Status Of Independent Contractors

Jackson Lewis P.C. on

California employers continue to have complicated questions about the use of independent contractors in the state almost a year after adoption of Assembly Bill 5 (AB 5), which established more stringent standards for the...more

Amundsen Davis LLC

California Court Re-Classifies Independent Drivers As Employees Pursuant To AB5

Amundsen Davis LLC on

On Monday August 10, 2020, Judge Ethan Schulman of the California Superior Court issued an injunction against Uber and Lyft ordering them to classify drivers as employees and not as independent contractors. The order follows...more

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