On September 24, 2019, the U.S. Court of Appeals for the Ninth Circuit certified to the Supreme Court of California the question of whether that court’s landmark 2018 decision in Dynamex v. Superior Court should be applied retroactively.
California Governor Gavin Newsom recently signed Assembly Bill 5 into law. Two recent developments may help clarify this expansive bill’s application and scope.
On September 18, 2019, California’s governor signed A.B. 5 into law, dramatically reshaping the contours of the state’s workforce and economy, and potentially reclassifying two million independent contractors as employees for purposes of state labor laws.
The California legislature has passed a bill that entirely redefines the standard for determining whether a person providing labor or services for remuneration may be classified as an independent contractor rather than an employee.
On September 12, 2019, the New York City Council passed an ordinance that extends the city’s anti-discrimination protections to freelancers and independent contractors.
On Friday, August 30, 2019, the California State Senate Appropriations Committee approved controversial legislation—Assembly Bill 5—that would potentially reclassify millions of independent contractors as “employees” under California state labor laws.
On August 30, 2019, the California Senate Appropriations Committee briefly considered AB 5, the legislature’s response to the California Supreme Court's 2018 opinion in Dynamex v. Superior Court.
With the resumption of the current legislative session on August 12, 2019, the a California Senate Committee briefly considered AB 5, the legislature’s purported solution to the California Supreme Court's opinion in Dynamex v. Superior Court.
Recent case law on the distinction between an employee and independent contractor for wrongful dismissal purposes would suggest that even if the court does not find the individual to be an employee, it might nonetheless apply an intermediate status.
