Insights

Richard J. Simmons

02.2020

In this new manual, Attorney Richard J. Simmons of Sheppard, Mullin, Richter & Hampton LLP provides a detailed examination of Dynamex, AB 5, misclassification cases, and the interrelationship of state and federal law and joint employment issues. Among the numerous subjects covered are the following:

Analysis of AB 5 and its structure Legislative Findings California’s New ABC Test The Role of the Supreme Court’s Decision in Dynamex AB 5’s Default Standard The Presumption That Workers Are Employees The Exemptions and Carve-Outs From the ABC Test The Borello Decision and Common Law Standards

Joint Employment Issues The Business-to-Business Standards The IRS and EDD Guidelines Case Law Analysis Enforcement Actions Workers’ Compensation Provisions Prohibitions Against Reclassification of Employees Recent Court Decisions Willful Misclassifications

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