California’s AB 5 laws on worker classification went into effect in January, but the regulation continues to come under scrutiny from companies, representatives of freelancers and contractors, and lawmakers. Meanwhile, the California attorney general plans to file an injunction against gig companies to compel them to classify their drivers as employees.
For companies, AB 5 reveals the challenges of interpretation. For example, some truckers will not be subject to the parameters of AB 5, yet a judge in a separate case ruled that the grocery delivery company Instacart was misclassifying some of its workers. While AB 5 is likely to evolve over the next year, it will be difficult to predict the final result.
Takeaway: Regardless of any adjustments to AB 5, companies will need to have a detailed view of which workers are contractors or employees to comply with the law. Achieving an enterprise-level view of who qualifies as an employee and who should be classified as a contractor will remain a challenge, and so managing that worker data should be treated as a priority. AGS provides companies with the needed expertise to gain control of their worker data and help them better address the questions raised by AB 5 or any other worker classification regulations.
Canada: Don’t Depend on Arbitration Rules in Misclassification Suits
US: Amid Setbacks, Supreme Court Takes a Step Forward on LGBTQ Worker Rights
US: Visas Suspended Through 2020
US: White Castle Case Highlights Balance Between Biometric Technology and Privacy
UK: IR35 Implementation Moved to April 2021
France: Government Considers New Protections for Gig Economy Workers
Netherlands: Government to Explore More Stringent Quality Controls for Staffing Agencies
EU: European Court of Justice Decision Invalidates Privacy Shield
Singapore: New Licensing Requirements for Employment Agencies Will Promote Fair Hiring
Australia: Court Finds Casual Worker Entitled to Paid Leave
India: The US H1-B Visa Ban Influences the Workforce, but Skills Remain in Demand
This update contains general information only, and AGS is not rendering legal advice. Before making any decision or taking any action that may affect your business, you should consult qualified legal counsel. AGS shall not be responsible for any loss whatsoever sustained by any person or company who relies on this update.