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Labor/Employment

Dec. 9, 2019

Navigating the impacts of AB 5 for public agency employers

Assembly Bill 5 creates unique challenges and issues for California public agencies. For example, in order for a public agency to meet element “B” of the ABC test, the individual must perform work that is “outside the usual course of the hiring entity’s business.”

T. Oliver Yee

Partner
Liebert Cassidy Whitmore

Email: oyee@lcwlegal.com

Kaylee Feick

Associate
Liebert Cassidy Whitmore

Email: kfeick@lcwlegal.com

Kaylee represents public entities, private schools, and nonprofit organizations in a variety of labor and employment issues.

With Assembly Bill 5 going into effect next month on Jan, 1, 2020, many California employers, and specifically public agency employers, are concerned about its impact on their operations. AB 5 creates Labor Code Section 2750.3, which codifies the "ABC" test for determining independent contractor status that the California Supreme Court adopted in its 2018 decision in $95

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