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Independent Contractors Freelance Workers Governor Newsom

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
BakerHostetler

California’s New Freelancer Law Sets Rules for Retaining Solo Independent Contractors

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A new California law requires written contracts when engaging most solo independent contractors. The written contracts must contain certain types of information....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Governor Signs Freelance Worker Protection Act

On September 28, 2024, California Governor Gavin Newsom signed into law Senate Bill (SB) No. 988, the Freelance Worker Protection Act (FWPA). The FWPA provides minimum requirements for agreements between freelance workers and...more

Jackson Lewis P.C.

Senate Bill 988: Understanding the Freelance Worker Protection Act – What Employers Need to Know

Jackson Lewis P.C. on

The California Governor recently signed Senate Bill (SB) 988, which establishes the Freelance Worker Protection Act (Act) which imposes minimum requirements relating to contracts between a hiring party and a freelance worker....more

McManis Faulkner

ABC, Not Quite as Easy as 1-2-3 – Examining the California Legal Landscape Post-AB 5

McManis Faulkner on

For many years, worker classification has been an ongoing battle in California. The issue of employee vs. independent contractor has spurred many lawsuits statewide, resulted in countless precedent-setting decisions, and led...more

Fox Rothschild LLP

California Legislature Reaches Deal On Modifications To AB5

Fox Rothschild LLP on

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...more

Littler

California Supreme Court Grants Review of Dynamex Retroactivity – Again

Littler on

On Wednesday, January 15, 2020, the California Supreme Court agreed to review a second case raising questions as to the scope and retroactivity of its landmark 2018 Dynamex decision....more

Epstein Becker & Green

California Ballot Initiative Would Remove Ride-Share and Delivery Drivers from the “ABC” Test

Epstein Becker & Green on

As we wrote here recently, California’s Governor Gavin Newsom signed a bill known as AB5, which is designed to make it more difficult for companies to treat workers as independent contractors. The new law, which goes into...more

Sheppard Mullin Richter & Hampton LLP

California AB 5 in Entertainment, Media and Advertising

As previously reported, Governor Gavin Newsom recently signed into law AB 5. The controversial law narrowing the classification of independent contractors was aimed at companies like Uber and Lyft. But what does it mean for...more

Dorsey & Whitney LLP

What do Employer’s Need to Know Following the Passage of California’s New Law on Independent Contractor Misclassification?

Dorsey & Whitney LLP on

On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, which clarifies when workers should be considered “employees” under the California Labor Code and the California Unemployment Insurance Code,...more

McDermott Will & Emery

A New Landscape for Businesses with California Operations, Thanks to A.B.5

McDermott Will & Emery on

This month, Assembly Bill 5 (A.B. 5) was signed into California law. A.B. 5 codifies the “ABC Test”—used to determine if a worker is an independent contractor—which is broader, harsher and more inclusive than the common law...more

Ballard Spahr LLP

Changes for CA Gig Economy: Learn Your ABCs

Ballard Spahr LLP on

A new California law, stemming from Assembly Bill 5 (AB 5), expands and codifies the California Supreme Court’s 2018 decision in Dynamex Operations West Inc. v. The Superior Court of Los Angeles, which we reported on...more

Littler

California AB 5’s Author and the Governor Attempt to Clarify Law’s Scope

Littler on

On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill 5 (AB 5), a bill that will dramatically alter whether, and under what circumstances, businesses may classify workers as independent contractors...more

Akerman LLP - HR Defense

Is this the End of Independent Contractors in California?

Employers classifying workers in California as independent contractors face grave new concerns based on Assembly Bill 5, signed into law by Governor Newsom on Wednesday, September 18. In its breadth and the risk to which it...more

Lewitt Hackman

Goodbye 1099; Hello Employer Uncertainty

Lewitt Hackman on

Last year (April 2018) the California Supreme Court rocked the boat with the seminal Dynamex decision, which created very high barriers for companies who utilize independent contractors. On September 18, 2019, Governor Gavin...more

Davis Wright Tremaine LLP

New California AB 5 Law Expands Independent Contractor ABC Test

Summary - On September 18, 2019, Governor Newsom signed California Assembly Bill 5 (AB 5) into law – codifying and expanding the California Supreme Court’s decision in the Dynamex case and the "ABC test" for determining if...more

Littler

Now What? Practical Tips for Navigating California Post-A.B. 5

Littler on

On September 18, 2019, California Governor Gavin Newsom signed into law sweeping legislation—Assembly Bill 5 (A.B. 5)—that will dramatically reshape the contours of California’s workforce and economy, and potentially...more

Sheppard Mullin Richter & Hampton LLP

It’s Official: Newsom Expands The Definition of “Employee” Under California Law

On September 18 2019, Governor Gavin Newsom signed into law AB-5, which codified the California Supreme Court’s Dynamex v. Superior Court decision. In Dynamex, the California Supreme Court adopted the so-called “ABC” test to...more

Seyfarth Shaw LLP

Who Are Independent (Contractors)? Throw Your Hands Up At Me!

Seyfarth Shaw LLP on

Seyfarth Synopsis: California’s hotly contested and closely followed AB 5 independent contractor bill, which would extend the ABC test beyond Wage Order claims, just passed the California Senate, and now heads back to the...more

Skadden, Arps, Slate, Meagher & Flom LLP

California Passes Landmark Bill Restricting Classification of Contract Workers

As of September 11, 2019, the California Senate and Assembly had both passed an employment bill (AB5) that, if signed by Gov. Gavin Newsom, would codify the recent extension of employment protections to workers previously...more

Littler

AB 5 Update: California Legislature Passes Final Bill on September 11, 2019

Littler on

This article is an update to prior publications from Littler’s Workplace Policy Institute regarding Assembly Bill 5 (AB 5), passed by the California legislature on September 11, 2019. On September 11, 2019,1 the California...more

FordHarrison

AB 5, Codifying Dynamex and Broadening the ABC Test’s Application, Passes California Legislature

FordHarrison on

After months of debate and negotiations, the California State Legislature passed the controversial AB 5 on Wednesday, September 11, 2019, bringing it one step closer to being law. If passed, the new law is expected to impact...more

Littler

California Governor Expresses Support for Amended Misclassification Bill

Littler on

On Friday, August 30, 2019, the California State Senate Appropriations Committee approved controversial legislation—Assembly Bill 5 (A.B. 5)—that would potentially reclassify millions of independent contractors as “employees”...more

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