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ARTICLE · 05 SEPTEMBER 2019

California Governor Expresses Support For Amended Misclassification Bill

On Friday, August 30, 2019, the California State Senate Appropriations Committee approved controversial legislation—Assembly Bill 5 (A.B. 5)—

United StatesEmployment and HR

On Friday, August 30, 2019, the California State Senate Appropriations Committee approved controversial legislation—Assembly Bill 5 (A.B. 5)—that would potentially reclassify millions of independent contractors as "employees" under California state labor laws.  The Committee's approval moves the bill one step closer to a vote in the full senate, which is expected to approve the measure in the very near future.  After months of not making his position on the bill clear, on September 2, 2019, California Governor Gavin Newsom (D) publicly announced his support for the measure in an op ed in the Sacramento Bee.

Broadly speaking, the bill would codify and expand the holding of the California Supreme Court's 2018 Dynamex decision, which adopted the so-called "ABC test" for determining whether a worker is an independent contractor or an employee under state labor laws.  Under the ABC test, a worker is presumed to be an employee, unless a hiring entity can establish the

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