Fixing the Business-to-Business Exemption in AB 5
Last year’s AB 5 (Gonzalez) codified and expanded the reach of the California Supreme Court’s Dynamex decision. One of the categories of exemptions to the ABC Test set forth in AB 5 is for bona fide business-to-business contracting relationships. As can be seen below in the law’s actual language, this exemption is actually quite difficult […]
The Coronavirus’ Impact on Bills in the California Legislature
As you may recall, there were 2,203 bills introduced by the February 21 deadline for the 2020 California Legislative Session. Since that time, there were 20 more bills introduced (committee bills, for example, are not subject to the February deadline), 14 additional bills in the Assembly and 6 additional bills in the Senate. Out of […]
May Revise Proposes Major Revenue Raisers
On May 14, Governor Newsom submitted his May Budget Revision (i.e., the “May Revise” to his January 10 budget proposal). As part of the May Revise, the Governor offered a series of “revenue solutions,” which amount to billions of dollars of increased tax payments primarily made by business taxpayers. The May Revise explains, “As part […]
New Bill Would Add Exemptions to AB 5
AB 5, which was enacted last fall, codified the “ABC Test” pursuant to the California Supreme Court’s Dynamex decision. AB 5 also contains 57 different exemptions for specified professions. While nearly three dozen measures in the Assembly and Senate would create additional exemptions, SB 900 was recently amended to add 12 exemptions. SB 900 […]
Predictable Scheduling Law Not Justified in California
This year, there is another effort to enact a “predictable scheduling” mandate on California employers, SB 850 (Leyva), which many believe would impose an unfair, one-size-fits-all, scheduling mandate on retail and food employers that penalizes these employers with “additional pay” for making changes to their employees’ schedule. Some of the concerns with such a scheduling […]
California’s legislature passed a far-reaching labor bill. It could make you collateral damage
The California Supreme Court’s 2018 decision in Dynamex Operations West v. Superior Court involved one trucking company that sought to turn its employees into independent contractors. The court said the trucking company, Dynamex, broke labor laws, but the precedent created an entirely new standard for determining worker classification in this state. The decision was momentous, […]
Quick Look at 2020 Bill Introductions
Friday, February 21, was the last day to introduce bills for the 2020 Legislative Session. We saw 735 new bills introduced between the two houses (512 ABs and 223 SBs) on the final day. That means the total number of bills introduced this Session is 2,203. The total number of bill introductions by the deadline […]
2020 Session Inundated with AB 5 Exemption Bills
One of the most controversial bills coming out of the 2019 Legislative Session was Assembly Bill 5, by Assembly Member Lorena Gonzalez (D – San Diego), dealing with the codification of the “ABC Test” found in the Dynamex decision for classification of workers. Since the enactment of AB 5 last fall, legislators up and down […]
Bill Introduction Update
Through yesterday, Friday, February 14, there have been 753 bills introduced in the Legislature. That includes 506 ABs and 247 SBs. The deadline for introducing bills in the 2020 Session is Friday, February 21. With Monday being a state holiday, there are four remaining days for bill introductions. Historically, the second year of a 2-year […]
First day of 2020 Session–Here Come the New Bills
Yesterday, January 6, 2020, the first day of the 2020 legislative session, there were 25 bills introduced – 19 ABs and 6 SBs. The deadline for introducing bills in the 2020 Session is Friday, February 21. Historically, the second year of a 2-year session has had fewer bills introduced than the first year. Last year, […]