Re: Independent contractors and freelancers are employees in California?

[Lauren <lauren -at- writeco -dot- net>]

The extra push for AB5 came from an interest to regulate rideshare. It 
is possible that Dynamex opened a door but it is more likely than not, 
that the movement to regulate the gig-economy was waiting for a legal 
precedent to use as a catalyst.

Some unions are the drivers behind this legislation, as they have been 
on each side of arguments that rideshare drivers should be employees. 
Unions have been going at each other to get at drivers for many years. 
Recent talks are dividing the unions.

https://www.vox.com/2019/7/1/20677095/uber-lyft-labor-unions-ab5-california

Timing of this legislation has to do with Newsom being governor. Newsom 
has focused his support for AB5 on what he perceives are the needs of, 
specifically, "rideshare drivers, labor unions, and tech companies."

https://www.sacbee.com/opinion/article234624897.html

Uber, Lyft, and DoorDash are working together to create an employment 
category that sits between contractors and employees and put it on the 
2020 ballot. If they succeed, then other companies will likely make use 
of the new employment class.

https://laist.com/2019/09/11/ab5-bill-california-gig-economy.php

This will matter to employees that include tech employees who are 
classified as independent contractors but who are not really independent 
under the ABC test.

https://www.fisherphillips.com/resources-newsletters-article-new-abc-test-for-independent-contractors-sends

Court decisions do not cause legislation. Legislation comes from public 
interest. Without unions lobbying for AB5 and using the gig-economy in 
its arguments, the legislature might not have got involved with 
employment classification. If Newsom was not governor, this bill may not 
have been written.


On 9/14/2019 10:05 AM, Robert Lauriston wrote: