Applying AB5 and AB2257 to Contractor Classifications in California
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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.
AuthorsAnnie Ellis, Law Office of Annie M. Ellis, A.P.C.
Overview of AB 5 and AB 2257
• Employee vs. Independent Contractor
• Source of AB 5 (Dynamex Decision)
• ABC Factors and What Each One Means
Exceptions to the ABC Test
• What Does an Exception Mean
• What Are the Most Common Exceptions
Independent Contractor Agreement
• Key Terms
• Evaluating Risk of Certain Engagements
• Claims and Penalties
• Agencies and Court