Clear as Mud: The Status of Independent Contractors in California

row

The status of independent contractors in California has been a hot button issue the past few years starting with the landmark decision in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903. The legislature attempted to carve out exceptions to Dynamex’s strict “ABC” test with the passage of AB5, which was so convoluted that it required a further legislative attempt at clarification which happened with AB2257. Thereafter, we had a specific industry carve out their own exemption with Proposition 22. All of this has created a lot of confusion for California employers as they try to determine who, if anyone, can still be properly classified as an independent contractor.

Topics will include:

• A look at the historical journey that got us to the current state of independent contractors
• Analysis of how to apply the current rules
• Guidance on how to avoid expensive misclassification mistakes

Laura S. Withrow is the principal of Withrow Employment Law in Thousand Oaks, California. Prior to attending law school, Laura worked for the Conejo Valley Chamber of Commerce where she obtained a first-hand look at the challenges facing local business owners. Inspired to make a difference, Laura attended law school with the goal of working with business owners and managers to help them overcome the challenges of operating a business in California. Laura has been one of the top-rated employment law attorneys in California for the past several years and has been recognized as a Super Lawyer for the past five years.  Her practice encompasses all aspects of employment law, including litigation defense, representation of employers in hearings before administrative agencies, management training, and counseling employers on issues relating to employment agreements, commission plans, hiring, firings and other personnel matters. Laura’s 25 years of litigation experience provides her clients with the peace of mind to know that their employment law issues will be resolved in a cost-effective and expedient manner.