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  • ADULT ENTERTAINMENT Mar 25, 2019
    Misclassification heating up State Capital
    by Amanda Gullesserian

    Battle over misclassification heating up in State Capitol

    The battle to pass AB 5 to protect the pro-worker Dynamex decision is heating up. Recent amendments to the bill clarify that the following entities are not covered by Dynamex but ARE covered by the previous law, Borello. We are NOT making anyone an independent contractor.

    1.     Doctors

    2.     Insurance brokers/agents

    3.     Securities brokers/financial advisors

    4.     Direct Sellers as defined in the Unemployment Insurance Code (it’s a very technical definition, not a broad definition).

    Here are a few talking points on the recent amendments. The bill's talking points we’ve been using (found here) are still applicable.

    ·  AB 5 protects those who are legitimate independent contractors while holding corporations accountable for illegally stripping workers of basic rights like a minimum wage, unemployment insurance and workers’ comp. Amendments to the bill create certainty for workers and employers by making it clear that certain professionals such as insurance agents, emergency room doctors and financial advisors are independent in accordance with the law.
     

    · Last year’s unanimous California Supreme Court ruling in the Dynamex case was thoughtful, striking the right balance between the needs of employers to hire legitimate independent contractors and the rights of working people to have a minimum wage and basic protections on the job if they are laid off or injured. AB 5 takes this approach a step further, providing additional clarity for workers and employers.
     

    ·  The bottom line is that for far too long, unscrupulous bosses have been cheating working people out of protections we all deserve. The legislature can’t continue to turn a blind eye to exploitation that’s harming our families and eroding our standard of living. It’s time to act by passing AB 5, a common-sense, fair minded measure that provides clarity and certainty to employers and economic security to those who need it most.

    As mentioned above, we will be lobbying in support of the bill on the second day of the joint legislative conference. Also, we expect AB 5 to get its first hearing in the Assembly Labor Committee on Wednesday, APRIL 3rd

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