Gig worker bill
What is California’s AB5 Bill?
What is AB5? AB5, also known as the “gig worker bill,” was signed into law in September 2019 by California Governor Gavin Newsom, and requires companies hire independent contractors and reclassify them as employees.
What is AB5 and how does it affect independent contractors?
AB5, also known as the “gig worker bill,” was signed into law in September 2019 by California Governor Gavin Newsom, and requires companies hire independent contractors and reclassify them as employees. The law creates a new, three-point “ABC test” where a worker is assumed to be an employee unless they meet each of these three criteria:
What is the AB5 test?
AB5 created a three-part “ABC” test used to determine whether a worker is an independent contractor or employee. The key provision of the test is that anyone performing work within the “usual course of the hiring entity’s business” must be classified as an employee, rather than a contractor.
Is AB5 affecting the trucking industry in California?
AB5 was passed into law in 2019, but the lawsuit had prevented it from affecting the trucking industry. After the California legislature passed AB5 into law, the California Trucking Association sought a preliminary injunction with the U.S. District Court for the Southern District of California.
What Is California Assembly Bill 5 (AB5)?
California Assembly Bill 5 (AB5), popularly known as the “ gig worker bill,” is a piece of legislation that went into effect on Jan. 1, 2020, and required companies that hire independent contractors to reclassify them as employees. 1 The passage of Proposition 22 later that year overrode it as far as app-based drivers were concerned. 2 3
What Is the ABC Test?
The ABC test is a three-pronged test to determine whether to classify workers as employees or independent contractors. It assumes that workers are employees unless the company that hires them can prove the following three things. One, the worker is free to perform services without the control or direction of the company. Two, the worker is performing work tasks that are outside the usual course of the company’s business activities. Three, the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. 5
How Does AB5 Impact Workers?
The most immediate implication of AB5 is that it turned some independent contractors into employees. This means these workers will be entitled to a minimum wage, business expense reimbursements, employee benefits, rest breaks, and the other benefits afforded to employees under California state law. However, a gig worker may lose flexibility in choosing when and when not to work. 1
How Does AB5 Impact Businesses?
If companies now have to pay a minimum wage, offer paid time off and health insurance, and pay unemployment insurance and worker’s compensation benefits for this new crop of employees, AB5 could have a significant impact on their bottom line .
What is the purpose of AB5?
Companies must use a three-pronged test to prove workers are independent contractors, not employees. AB5 was designed to regulate companies that hire gig workers in large numbers, such as Uber, Lyft, and DoorDash. On Sept. 4, 2020, the Calif. legislature passed Assembly Bill 2257, which exempts a long list of job categories from AB5 strictures.
What does the California gig bill mean?
Lackey says that, under the bill, if employers begin classifying gig workers as employees, it means these workers will be entitled to a minimum wage, expense reimbursements, health insurance, rest breaks, and the other benefits afforded to employees under California state law. In that sense, the bill creates a level playing field between those working in the gig economy and those hired as regular employees.
When did California pass AB5?
California Assembly Bill 5 (AB5) is a piece of legislation signed into law by Governor Gavin Newsom in September 2019. It went into effect on Jan. 1, 2020, and required companies that hire independent contractors to reclassify them as employees, with a few exceptions. In Sept. 2020 the Calif. legislature passed Assembly Bill 2257, which rewrote a number of the requirements of AB5 and exempts a substantial list of job categories.
What is AB 5?
AB 5 is a law that significantly restricts the designation of workers as contractors. By default, all workers are considered employees. AB 5 also sets up ABC test defines if a worker is an employee or independent contractor in California.
A worker is considered an independent contractor if and only if the hiring entity meets all three conditions of the ABC test
The worker is independent of the hiring organization in connection with the performance of the work, both under the contract for the performance of the work and in fact.
Does AB 5 apply to me?
Yes. Unless you have already restructured your company to comply with AB 5, your company is subject to the new standard.
What happens if I misclassify an employee as a contractor?
The purpose of AB 5 is to prevent contractors from losing benefits they normally would have received as employees. If a California worker does not qualify to be an independent contractor, the worker’s employer must provide the worker with the benefits and protections mandated by the California employment laws.
What are some examples of AB5 exemptions?
Examples of AB5 exemptions: While Uber and Lyft were unsuccessful at demonstrating a case for why they should be exempt, dozens of professions were successful in winning exemptions to AB5. What tended to separate these exempt professions from others such as ride share drivers was:
What is the AB5 bill?
To call California’s new AB5 bill (which falls under Section 2750.3 of California Labor Code) a groundbreaking piece of legislation would not be an overstatement. As California Governor, Gavin Newsom, signed Assembly Bill 5 into law on September 18th, the standard for determining whether workers should be classified as employees or independent …
When will the AB5 law change?
As AB5 is brand new, and many employment lawyers and scholars feel that there are currently more questions than answers available regarding the interpretation and ultimate application of the law, it’s important to keep in mind that much could change before the first day of 2020. However, as the law stands now, it has some major implications for a large number of California workers. Approximately 400,000 Californians work for traditional gig platforms like Uber and Lyft. Additionally, nearly 1.5 million freelance workers in California could also be covered under the new law. ¨
How many Californians work for Uber?
Approximately 400,000 Californians work for traditional gig platforms like Uber and Lyft. Additionally, nearly 1.5 million freelance workers in California could also be covered under the new law. ¨.
What companies are being impacted by the new labor law?
Trucking companies, newspaper publishers, and cleaning operations could be among the types of companies most significantly impacted by the new law. In today’s economy a number of conventional U.S. businesses have modified their practices to classify most workers as independent contractors in an effort to reduce labor costs. But labor/employment law experts contend that this trend means companies now frequently misclassify workers who should be considered employees instead as independent contractors to evade the costs involved in having to provide expensive benefits such as health care, paid vacation, sick time, retirement plans, and unemployment insurance.
When does AB5 take effect?
Taking effect on January 1, 2020, AB5 is further clarification of California’s 2018 Supreme Court case, Dynamex Operations West, Inc. vs. Superior Court of Los Angeles (4 Cal.5th 903). The Dynamex case held that there is a general presumption that most workers are indeed employees, and should be classified as such.
What are some examples of exempt professions?
Examples of those exempt professions, primarily of the white-collar variety, include psychologists, doctors, dentists, insurance agents, podiatrists, stock brokers, lawyers, accountants, engineers, veterinarians, direct sellers, real estate agents, hair stylists and barbers, aestheticians, commercial fishermen, marketing professionals, travel agents, graphic designers, grant writers, fine artists, enrolled agents, payment processing agents, repossession agents and human resources administrators. There are also some exceptions pertaining to photographers, photojournalists, freelance writers, editors, as well as for some types of business-to-business dealings.
What is the second check for rental equipment?
The first check is to the driver as an employee, and the second check is for the rental of the driver’s equipment. However, there are nuances that make this a difficult solution. For example, because the carrier is renting the truck they can technically can …
What is the solution to AB5?
Another potential solution to AB5 is for carriers to pay their drivers via a “two-check system”. Although rare, two-check systems have been around for many years. Under the two-check system, the driver is no longer an independent contractor but is instead an employee of the carrier.
What is the second prong in trucking?
*The second prong is the part of the test that owner-operators leased to trucking companies are unable to pass.
What is the AB5 ruling?
The Dynamex Ruling. AB5 is based on an April 30, 2018, California Supreme Court ruling on a case known as Dynamex. The Dynamex ruling establishes a presumption that workers are employees unless the hiring company can prove otherwise. Prior to Dynamex, the Borello test (in place since 1989) was an 11-prong test that most independent contractors …
What is Assembly Bill 5?
Assembly Bill 5 (AB5) is a California law that restricts businesses from classifying workers as independent contractors rather than employees. The bill was driven by unions wanting to organize workers.
Where is AB5 spreading?
The trucking industry will continue to work towards solutions because there is a significant concern that AB5 will quickly spread to other states like New Jersey, Illinois, Washington, and New York.
Who is exempt from AB5?
There are some contractors who are exempt from AB5 including doctors, dentists, insurance agents, lawyers, accountants, securities brokers, real estate agents, hairstylists, and many creative professionals. If you are exempt from AB5, you must still pass the Borello test to be qualified as an independent contractor.