AB5

Lawsuits Challenge AB5 as Employers Prepare

Effective January 1, 2020, Assembly Bill 5 ("AB5") dictates which California workers must receive full employment benefits. This new law has shown to be a continuously hot topic, as battles over employee classification persist in court. On one side we have groups seeking to roll back the law.  These include truck drivers, who argue that [...]

Lawsuits Challenge AB5 as Employers Prepare2021-02-05T07:23:33-08:00

How France is Responding to the Uber and the Gig Economy

France’s highest appeals court has become the first to declare that a former Uber driver should be recognized as an employee rather than an independent worker. With similar cases ongoing in the U.S. and U.K., this case is part of a “global battle” and has set a precedent for how employees are regulated in the [...]

How France is Responding to the Uber and the Gig Economy2021-02-05T07:03:39-08:00

Freelancers: The AB5 Is Here to Stay, But Changes Are Coming

On Thursday, February 27, a motion to suspend the California Assembly Bill 5 (AB 5) was voted down by the State Assembly. How AB 5 affects Freelancers To recap, AB 5 codifies a landmark Supreme Court of California case, Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018), which restricts who can qualify [...]

Freelancers: The AB5 Is Here to Stay, But Changes Are Coming2021-02-05T06:31:32-08:00

How to Classify Employees as a Small Business

A common challenge most small and medium-sized businesses face is determining how to classify an employee. For small and medium-sized businesses, cost is an ever-present concern.  The biggest costs are employees. As such, knowing how to classify employees—whether as a W-2 worker or 1099 independent contractor—is essential. What’s the difference? A W-2 employee is a [...]

How to Classify Employees as a Small Business2021-02-05T07:11:26-08:00

How Uber & the Gig Economy Are Responding to AB5

With the new labor law, Assembly Bill 5 (AB5), in effect, the ride-share company Uber Technologies Inc. has made changes to its app in California. The biggest change to the app is that customers will see a price range instead of seeing an upfront pricing on trips. Other updates include the ability to “favorite” drivers and schedule [...]

How Uber & the Gig Economy Are Responding to AB52021-02-05T07:13:03-08:00

How Assembly Bill 5 (AB5) Affects Independent Contractors in 2020

In September 2019, Gov. Gavin Newsom signed new state legislation, Assembly Bill 5 (AB5), into law.  Effective January 1, 2020, AB5 affects independent contractors throughout California, radically changing 30 years of worker classification and reclassifying millions as employees. It significantly reforms the future of independent workforces in California. AB5 codifies the landmark April 2018 [...]

How Assembly Bill 5 (AB5) Affects Independent Contractors in 20202021-02-05T06:57:41-08:00

LISTEN: What’s New in California Employment Law for 2020?

I was invited as a guest on Exit Coach Radio to discuss the newest employment law changes for California employers to know, focusing particularly on the most important of all – AB5. AB5 codifies and expands the Dynamex “ABC” test. Currently, the Dynamex test considers all workers to be employees and permits the classification of [...]

LISTEN: What’s New in California Employment Law for 2020?2021-02-05T08:42:33-08:00

Ninth Circuit Vacates Jan-Pro

On July 22, 2019, the Ninth Circuit vacated its decision in Vazquez v. Jan-Pro Franchising International, Inc., 923 F.3d 575 (9th Cir. May 2, 2019). The May Jan-Pro decision had held that the “ABC” test for independent contractor status mandated in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018), applied retroactively. [...]

Ninth Circuit Vacates Jan-Pro2020-08-06T10:47:14-07:00

Ninth Circuit Ruling in Jan-Pro Confirms Dynamex is Retroactive!

This May, in Vazquez v. Jan-Pro Franchising International, Inc., 923 F.3d 575 (9th Cir. May 2, 2019), the Ninth Circuit Court of Appeal held that the California Supreme Court’s landmark independent contractor decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018), applies retroactively. This means that companies who classified their [...]

Ninth Circuit Ruling in Jan-Pro Confirms Dynamex is Retroactive!2021-02-04T15:16:07-08:00
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