Insights

Richard J. Simmons

07.2021

In this new edition, Attorney Richard J. Simmons of Sheppard, Mullin, Richter & Hampton LLP provides a detailed examination of Dynamex, AB 5, AB 2257, misclassification cases, and the interrelationship of state and federal law and joint employment issues. The massive legislative changes and exceptions to the ABC test enacted in 2020 are featured in the publication. Among the numerous subjects covered are the following:

Analysis of post-Dynamex legislative reforms in AB 5 and AB 2257 and their structure The New Business-to-Business Rules California’s ABC Test The Role of the Supreme Court’s Decision in Dynamex The Default Standards Created by the New Law The Presumption That Workers Are Employees The New Legislated Exemptions and Carve-Outs From the ABC Test The Borello Decision and Common Law Standards

Joint Employment Issues The Legislative Findings 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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