Webinar: Now You Know Your ABC’s – Or Do You? The Controversial and Evolving World of Independent Contractor Classifications
Published: February 1, 2021
Summary of Program
Lizbeth (“Beth”) West and Lukas Clary Weintraub Tobin’s Labor & Employment Group discuss the serious risks involved in misclassifying a worker as an independent contractor rather than an employee. Not only can misclassified workers sue for employment benefits, but several federal and state agencies regulate worker classification for various purposes, and have the authority to impose significant sanctions against employers who misclassify workers. Since AB 5 was enacted, the “ABC” test has made classifying workers as independent contractors an uphill battle. In this webinar, we explain the applicable classification tests and exemptions under AB 5, as recently amended by the passage of AB 2257. We also discuss Prop 22 and other related developments in this area of law.
This webinar covers the legal landscape of independent contractor status. Topics include:
- A discussion of Dynamex Operations West, Inc. v. Sup. Ct.
- The ABC Test under AB 5 (Labor Code 2775, et. seq.) and the exemptions from that Test pursuant to AB 5 and AB 22
- A discussion of the Borello multi-factor test;
- A summary of the DOL’s final rule on classification of independent contractors;
- A discussion of the limited application of Prop 22;
- A summary of the enforcement authority of various federal and state agencies and the sanctions they may impose;
- The due diligence employers should engage in before classifying a worker as an independent contractor; and
- California’s law imposing monetary and non-monetary sanctions against employers (and other individuals) who willfully misclassify workers as independent contractors.
If you or your company currently use independent contractors, or are contemplating doing so, this is a webinar you should not miss.
This seminar was presented and recorded on February 3, 2020. A recording of this webinar can be viewed on the Weintraub Tobin YouTube page. Please note that this webinar is for educational purposes only and should not be construed as legal advice. We recommend that you speak to your professional advisors about the specifics of your business.