Applying AB5 and AB2257 to Contractor Classifications in California
1 hour 30 minutes
Learn how to interpret ABC factors and avoid potential legal exposure for misclassification under California law.
As the gig economy continues to rapidly expand, businesses in California face increasing difficulties and legal exposure with the independent contractor test (ABC factors) required by AB 5. Although the ABC factors appear straight forward, Courts and agencies interpret each factor in a manner that might not be predictable. Further, recent amendments to AB 5 include a number of exceptions to the ABC test that are arduous to navigate. This topic will delve into the meaning behind each ABC factor as well as viable exceptions. The material will explore risks for misclassification and how best to mitigate those risks through careful structuring of each independent contractor relationship and the related written agreement. This information is critical to businesses operating in California and using the independent contractor or gig model.
• You will be able to describe the ABC factors and how each is interpreted.
• You will be able to discuss potential legal exposure for misclassification under California law.
• You will be able to explain common exceptions to the ABC test.
• You will be able to identify ways to improve your written independent contractor agreements.