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Labor/Employment

Sep. 21, 2020

AB 2257: A closer look at the new exemptions to AB 5

AB 2257 provides that the exemptions to AB 5 should be reviewed under the Borello worker classification standard, instead of Dynamex’s ABC test.

Karen L. Corman

Partner, Skadden, Arps, Slate, Meagher & Flom LLP

labor & employment

300 S Grand Ave
Los Angeles , CA 90071-3144

Phone: (213) 687-5208

Fax: (213) 687-5600

Email: karen.l.corman@skadden.com

Harvard Law School

Anne Villanueva

Partner, Skadden, Arps, Slate, Meagher & Flom LLP

Email: anne.villanueva@skadden.com

Brittany Ellenberg

Associate, Skadden, Arps, Slate, Meagher & Flom LLP

Email: brittany.ellenberg@skadden.com

Brittany is an associate in the firm's Labor and Employment Group

California Assembly Bill 5 went into effect on Jan. 1 and codifies and expands the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, 4 Cal. 5th 903 (2018). AB 5 is codified as California Labor Code Section 2750.3. The Dynamex decision provides a three-part test, commonly known as the ABC test, to determine whether a worker may be properly classified as an indep...

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