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usonian

(14,830 posts)
4. California AB5 lays down the law here.
Tue Oct 11, 2022, 01:27 PM
Oct 2022

Countless "contractors" (ask me how I know) were and are in fact employees, less the benefits.
Scam of scams, second in eviltry only to age discrimination.

https://www.dir.ca.gov/dlse/FAQ_IndependentContractor.htm
Independent contractor versus employee

In September of 2019, Governor Newsom signed Assembly Bill (AB) 5 into law. The new law addresses the “employment status” of workers when the hiring entity claims the worker is an independent contractor and not an employee.

1. Q. What is AB 5 and what does it do?
A. AB 5 is a bill the Governor signed into law in September 2019 addressing employment status when a hiring entity claims that the person it hired is an independent contractor. AB 5 requires the application of the “ABC test” to determine if workers in California are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the Industrial Welfare Commission (IWC) wage orders. The California Supreme Court first adopted the ABC test in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903. Among other things, AB 5 and later AB 2257 added a new article to the Labor Code addressing these issues (sections 2775-2787).

2. Q. What is the ABC test?
A. Under the ABC test, a worker is considered an employee and not an independent contractor, unless the hiring entity satisfies all three of the following conditions:

• The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
• The worker performs work that is outside the usual course of the hiring entity’s business; and
• The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

California leads the nation.
Blue Wave Coming.
Why California Politics Is Always 15 Years Ahead
The Remarkably Prescient 15 Year Rule Means Trump & the National Republicans
are on the Verge of a Spectacular Collapse
https://democraticunderground.com/?com=view_post&forum=1016&pid=326155

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