California's Independent Contractor Test - The ABC Test
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- เผยแพร่เมื่อ 8 ก.ย. 2024
- The California Supreme Court issued a monumental ruling regarding the test used in determining whether a worker can be classified as an independent contractor. The ABC Test must be used in order to determine a worker's eligibility to be considered an independent contractor.
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Video Produced By Matthew Eisenberg
Anthony Zaller is an employment litigation attorney and founding partner of the firm, Zaller Law Group. Primarily focused on helping businesses and entrepreneurs navigate California’s complex employment and business laws, Anthony advises his clients through litigation, governmental agency investigations, and legal compliance issues. He has litigated wage and hour class actions for claims of unpaid wages, missed breaks, unpaid overtime, unreimbursed business expenses, and Private Attorney General Act ("PAGA") representative actions, among other issues. Anthony has also successfully litigated many single plaintiff employment cases including claims of wage and hour violations, breach of contract, wrongful termination, sexual and racial harassment, discrimination, unfair competition, and misappropriation of trade secrets and embezzlement.
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Thanks for the video. I’m confused on part C if the ABC test. If you can explain a little more it would really help thanks.
Hi Nelson, here's a link to an article I wrote a little while back on the ABC test. Hope that helps! www.californiaemploymentlawreport.com/2018/05/five-key-issues-california-employers-must-know-supreme-courts-ruling-independent-contractors/
Is there a provision for this for the following two circumstances: 1) The 1099 contractor is on a limited time contract (as in, we have a project that is 3 months or 6 months, and this person was hired to do a job for the life of that contract only). OR 2) The 1099 contractor is needed only on occasion and not regularly (they work sporadically and not with any regularity at all). Thank you; this video was very informative!
What if the contractor lives in California, but the business that's contracting him is in another state?
Thank you for your comment. You should seek legal advice specific to your circumstances. Generally speaking however, AB5 applies to all workers working within California, even if the business contracting with the worker is not located in California.
Thank you for the great video! Do you know of any California State cases that specify the ABC test more? I have read Duffey and Garcia, but am hoping to find more to get a better scenes of where and how it applies.
Are franchise business exempt from test B? Ex, What if cleaning franchise company has franchisees and employees performing the same services? Thanks
What about a referral service who refers students to teachers? Are the teachers independent contractors if the student pays the referral service, then the referral service takes a commission before passing it on to the teacher?
In this scenario, the teachers set their rates, choose their own curriculum, are not monitored by the referral agency, don't work at the location of the referral agency (the agency is online anyway), are free to and in fact do teach outside of the agency, advertise under their own name both outside of the agency and on the agency's website, etc.
Sorry - we cannot provide advice for specific facts. You need to contact an attorney directly as soon as possible for specific legal advice.
heres what the gov and drivers dont understand. uber isnt hiring the drivers. the drivers are hiring uber. uber is an employee of the drivers. the drivers own their own taxi business. they hire uber or lyft or both to find them customers on commission. they are free to find their own customers. they just dont want too cause they dont get paid for that time and that costs out of pocket money up front. hiring uber they pay for the advertising when they get paid. so they only pay if they get paid. and dont risk paying and working for free and not get any customers. if a painter and a roofer that are friends both hire the same employee to pass out flyers with paint biz on 1 side and roofing biz on other side of door flyer on commission the painter and roofer don't become employees of the sales guy just cause hes the one giving them both customers. The only reclassification needed is that all the drivers are classified as taxi service owners and uber reclassified as their sales employee. What about uber setting price and pay. well uber sets their wage or fee, not your pay. You can charge your own customers what you want. Uber has area specific suggested pricing that uber can get customers at. If you want uber to charge more then uber will just quit you unless you pay a flat fee whether they get customers or not cause they aint gonna work for free and spend all their money getting you hundreds of customers that dont hire you cause you are too expensive and they dont get paid for the customers they found. If you came to me and said you advertise lawn mowing online nationwide and there are dozen apps that do....and said you get 25% and bill customers card in app and mail a check once a week you are contacting me to be your customer not your employee. im the customer of yours and you are finding me customers to mow. you dont mow. you are and advertising agency. now if i said deal but you have to charge $10,000 for every grass cut so i get $7500 you aint gonna spend your time and money advertising me cause you know everyone will say no and you wont make any commission. but you say we called 500 people in town and 400 said they pay $40 to get grass cut and 50 say $35 and 50 say $45 then you can tell me $40 seems to be the going rate so you will get $10 and i will get $30. if i say no then either you or me walk away. if uber drivers arent happy with their profits or what uber charges....fire uber and advertise yourself. walk the phuck away. they arent a slave they are a business owner! if i think i should get paid more from mowing customers i tell them a higher price. if they cancel my loss for being too greedy. but i cant call the state governor and say you need to make a law that requires mrs jones to pay me $45 instead $40 each week to cut her grass and she can only hire me. its called free phukin market economy! mic drop
I have an appliance repair business in California. I do hire tech to contract the work. They have their own business account meaning banking and their own business license would that qualify under the new law. Its a home service we do all work at our customers homes
Just a tip keep the camera still. The slight movement causes a motion sickness effect. Just saying. I think the background make it worse.
Thank you for that feedback, we are always looking to improve our future videos