UPDATE — The California Assembly is currently drafting Assembly Bill 1850 that seeks to clarify the rules and modify the exceptions for employee classification created by Assembly Bill 5 discussed below. Check back for further updates.
In 2018, the California Supreme Court rendered its decision in the Dynamex case that significantly altered the rules used to classify workers as employees or independent contractors. In an attempt to “simplify the rules” and “help” workers in the gig economy the California legislature passed, and the Governor signed, Assembly Bill 5 (AB 5) in 2019. The bill codified the worker classification tests used by the California Supreme Court. Prior to the passage of AB 5 many industry lobbyists were busy in Sacramento getting exceptions and special rules included in AB 5. As a result, the worker classification rules are now very complex, have many exceptions and come with significant penalties for noncompliance. (more…)
By Rachel Rabindran, Accounting Consultant
UPDATE—In September, 2019 the Governor signed Assembly Bill 5 that codified the ABC tests used in the Dynamex case to determine when a worker is an employee or independent contractor. In September, 2020 the Supreme Court decided to hear the appeal of Vazquez v. Jan-Pro Franchising International, Inc. to determine if the Dynamex decision can be applied retroactively. See our most recent blog post for more details about how these actions will impact your business: Reclassifying Workers as Employees Under AB 5.
In April, 2018 the California Supreme Court issued their long-awaited ruling in a class action lawsuit concerning delivery drivers. The court unanimously ruled in Dynamex Operations West, Inc. v. Superior Court of Los Angeles County that a worker will be considered an employee of the hiring entity unless the hiring entity can establish all three of the following factors (also known as the “ABC test” to identify independent contractors): (more…)
Employee versus independent contractor is not a new issue, but if you’re not sure your workers are correctly classified, it is time to revisit this issue. The IRS has rolled out its Voluntary Classification Settlement Program (VCSP). The VCSP allows employers who are currently treating their workers as independent contractors or other nonemployees and want to prospectively treat the workers as employees to come clean under the program…