California’s Employee vs. Independent Contractor Rules Under AB 5 And Dynamex
$89.00 | ||
Electronic | $119.00 | |
Both | $149.00 |
Author: Richard J. Simmons
Publisher: Castle Publications
Edition: First
ISBN: 9781940747552
Pages: Over 170
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Description
Castle Publications is pleased to announce the inaugural edition of California’s Employee vs. Independent Contractor Rules Under AB 5 and Dynamex by Attorney Richard J. Simmons of Sheppard, Mullin, Richter & Hampton LLP. This new manual provides a detailed examination of Dynamex, AB 5, misclassification cases, and the interrelationship of state and federal law and joint employment issues. Among the numerous subjects covered are the following:
- Analysis of AB 5 and its structure
- Legislative Findings
- California’s New ABC Test
- The Role of the Supreme Court’s Decision in Dynamex
- AB 5’s Default Standard
- The Presumption That Workers Are Employees
- The Exemptions and Carve-Outs From the ABC Test
- The Borello Decision and Common Law Standards
- Joint Employment Issues
- The Business-to-Business Standards
- The IRS and EDD Guidelines
- Case Law Analysis
- Enforcement Actions
- Workers’ Compensation Provisions
- Prohibitions Against Reclassification of Employees
- Recent Court Decisions
- Willful Misclassifications
Additional information
Format | Both, Electronic, Print |
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Table Of Contents
SECTION 1 INTRODUCTION
1.1 The Fundamental Legal Question
1.2 Misclassification Cases
1.3 The Consequences Of A Worker’s Status
1.4 The Two Law-Altering Events
1.5 Impact On Federal Law
1.6 The New ABC Test Adopted By The Dynamex Decision
1.7 The Legislative Response To Dynamex In AB 5
1.8 Statutory Exceptions From The Generally Applicable Standards
1.9 The Dichotomy Between Occupations Examined Under The Dynamex And Borello Tests
1.10 Commercial Fishermen And Manicurists
1.11 Unemployment Insurance
1.12 Some Of AB 5’s Provisions Are Retroactive
1.13 The Expansion Of The Definition Of Crime
1.14 Joint Employer Issues
SECTION 2 AB 5’S STRUCTURE AND LEGISLATIVE FINDINGS
2.1 The Seven Sections Of AB 5
2.2 The Legislature’s Findings
SECTION 3 THE CODIFICATION OF THE ABC TEST
3.1 The Codification Of The ABC Test
3.2 Express Statutory Exceptions From And Extensions Of Employer Status
3.3 Judicial Determinations Regarding The Inapplicability Of The Three-Part Test
3.4 Occupations Excluded From Dynamex’s ABC Test
3.5 Professional Services Contracts
3.6 Additional Exceptions From Dynamex Standards For Specified Persons Governed By The Business And Professions Code
3.7 Business-To-Business Contracting Relationships
3.8 Construction Industry Contracts
3.9 Referral Agencies
3.10 Motor Clubs
SECTION 4 THE PROVISIONS IN SECTION 2750.3 DO NOT CONSTITUTE A CHANGE IN THE LAW
SECTION 5 ENFORCEMENT ACTIONS
SECTION 6 WORKERS’ COMPENSATION PROVISIONS
SECTION 7 UNEMPLOYMENT INSURANCE CODE AMENDMENTS
7.1 Unemployment Insurance Code Section 606.5
7.2 Temporary Service Employers And Leasing Employers
7.3 Loaned Employees
7.4 Additional Amendments To Unemployment Insurance Code
SECTION 8 PROHIBITIONS AGAINST RECLASSIFICATION OF EMPLOYEES
SECTION 9 THE 1989 DECISION IN S.G. BORELLO & SONS, INC.
9.1 The Dichotomy Between Relationships Subject To Dynamex and Borello
9.2 Borello’s Multi-Factor Test
9.3 DLSE’s Interpretation Of Borello Test
9.4 Interpretation Of Borello In Senate History Of AB 5
SECTION 10 WILLFUL MISCLASSIFICATIONS
APPENDIX A AB 5: WORKER STATUS: EMPLOYEES AND INDEPENDENT CONTRACTORS
APPENDIX B AB 5 – CONCURRENCE IN SENATE AMENDMENTS
APPENDIX C LETTER OF ABC’S AUTHOR TO CHIEF CLERK OF THE ASSEMBLY (SEPTEMBER 13, 2019)
APPENDIX D DYNAMEX OPERATIONS WEST, INC. V. SUPERIOR COURT
APPENDIX E S.G. BORELLO & SONS, INC. V. DEPT. OF INDUSTRIAL RELATIONS
APPENDIX F LETTER OF SPECIAL COUNSEL TO THE LABOR COMMISSIONER RE: “APPLICATION OF THE “ABC” TEST TO CLAIMS ARISING UNDER WAGE ORDER (May 3, 2019)”
APPENDIX G IRS QUESTIONNAIRE (IRS SS-8)
APPENDIX H EDD QUESTIONNAIRE (EDD Form DE 1870)
APPENDIX I EMPLOYMENT STATUS PORTAL: LABOR & WORKFORCE DEVELOPMENT AGENCY FREQUENTLY ASKED QUESTIONS ON EMPLOYMENT STATUS
CASE TABLE
SUBJECT INDEX