What’s Going on With AB5?
Here’s a recent exchange I had with Scott Lewis from VOSD:
Scott Lewis:
[Y]our campaign sent out this note from Barbara Bry with this point about AB5:
The problems with AB5 and the classification of independent contractors is not the fault of hard-working Californians. The problem was created by a legislature that chose to codify a decades-old court-ruling and apply that ruling to a totally transformed economic reality.
What decades-old court ruling is she talking about? AB5 codified Dynamex which is very recent. Or am I missing something? Thanks
My Response:
The Legislature has had over 100 years to clarify the employer/employee relationship. Due to the legislature's inaction, the Court has struggled to articulate a clear standard test that applies to the various circumstances of potential worker/employer relationships. The number and character of such relationships have only become more complex in the last few decades, and the legislature has still not acted.
AB5 codified the court’s decision strictly to all “employee vs. independent contractor” determinations except for a list of statutory exemptions based upon the occupation or, in some cases, the volume of work performed in a given occupation.
We need to look at places like Britain that have created a third class of workers specifically to address the nuanced relationships of the 21st century.
Re-starting the Campaign
Finally, we’re excited that the run-off campaign is getting ready to hit the ground running. If you are interested in volunteering, hosting a virtual event, or are willing to donate, we’re ready to take on the political insiders and create a new San Diego.
Wishing you health, safety, and optimism. Hope to see you soon!
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