California Assembly Bill 5 passed the Legislature and is headed to Gov. Gavin Newsom’s desk. The bill codifies the Dynamex ABC test into state law and could switch millions of California gig economy workers from independent contractors to employees. James Fessenden spoke with local and national media outlets on the legal workings of the bill and its potential impact on employers if it is signed into law. James explains that overcoming “Prong B” of the ABC test will be the biggest hurdle for companies. Under that prong, companies will have to distinguish their business model from the worker’s duties in order to pass the test. James says the law puts the burden on businesses to prove that exemption.
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