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August 14th, 2019
Employee Classification Update: California’s AB 5 Stalls in State Senate
Assembly Bill 5 ("AB 5"), which would expand Dynamex v. Superior Court's so-called "ABC Test" to all employment laws in California, suffered a surprising seatback on Monday in the state Senate's Appropriations Committee. If passed, the bill will severely restrict the use of independent contractors in California. But in a unanimous vote, the Appropriations Committee placed AB 5 into its “Suspense File” — blocking it from a full vote on the Senate Floor, its last stop before the Governor’s desk.
While the Appropriations Committee did not give an official reason for its decision, the Committee cited to three state agencies' estimates that implementation of AB 5 would increase each of their budgets by at least $2 million. The Committee also credited two state agency statements that their overall budgets would increase because AB 5 would require them to reclassify some of their current workers as employees rather than independent contractors. Most notably, Senator Jones (R Santee) said that Dynamex was one of the “worst” decisions by the California Supreme Court and that supporters of the bill will have to be “patient” with the legislature while it works on this law. Whether this move will permanently derail AB 5 remains to be seen. The Appropriations Committee is set to vote on the bill again on August 30th at which time it will take one of three actions: (1) send it to the Senate floor (with or without further amendments) for a full vote; (2) classify it as a "Two Year Bill" meaning no further action will be taken on AB 5 this year, but it would be eligible for reconsideration next year; or (3) hold it "In Committee" which essentially kills the bill.
Get ready to comply
Frankfurt Kurnit’s Employment Compliance, Training & Litigation Group will be holding roundtable discussions and workshops on the state of independent contractors in both New York and California. These workshops will include in-depth analysis of the Dynamex decision and possibly AB 5, as well as providing employers with real-world strategies for proper classification of California workers going forward. They will take place on October 22nd in Los Angeles and November 20th in New York, so mark your calendar and keep an eye out for our formal invitations. In the meantime, we will continue to monitor AB 5 and provide updates.
If you have any questions about AB 5, or other employment compliance matters, please contact Tricia Legittino at (310) 579 9632 or email@example.com, or any other member of the Frankfurt Kurnit Employment Compliance, Training & Litigation Group.
Other Employment Law Alerts
Reopening: Can an Employer Require Antibody Testing For Returning Employees?
Last week, the EEOC updated its COVID-19-related guidance for employers, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. In general, this EEOC resource contains important guidance to help employers implement strategies to navigate the impact of COVID-19 in the workplace. In the most recent update, the EEOC answered the question: Under the Americans with Disabilities Act (ADA), may an employer require antibody testing before permitting employers to re-enter the workplace? Read more.
June 23 2020
California Employees Who Refuse to Return to Work Risk Loss of Unemployment Benefits
Here’s some news for California employers and employees wrestling with the question of how to return to work. Read more.
June 16 2020
EEOC Updates Key Guidance for Employers Reopening Workplaces
The EEOC updated What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The update contains important new guidance to help employers manage employee requests lawfully while reopening offices and other workplaces. Read more.
June 16 2020