Learn how to interpret ABC factors and avoid potential legal exposure for misclassification under California law.
As the gig economy continues to rapidly expand, businesses in California face increasing difficulties and legal exposure with the independent contractor test (ABC factors) required by AB 5. Although the ABC factors appear straight forward, Courts and agencies interpret each factor in a manner that might not be predictable. Further, recent amendments to AB 5 include a number of exceptions to the ABC test that are arduous to navigate. This topic will delve into the meaning behind each ABC factor as well as viable exceptions. The material will explore risks for misclassification and how best to mitigate those risks through careful structuring of each independent contractor relationship and the related written agreement. This information is critical to businesses operating in California and using the independent contractor or gig model.
Law Office of Annie M. Ellis, A.P.C.
- Law Office of Annie M. Ellis, A.P.C.
- Practice emphasizes all aspects of employment law on management-side, from litigation to counseling (policies, investigations, layoffs, terminations, hiring, and other human resources issues and strategies)
- Recent litigation victories include: successfully defeated employee’s age discrimination claims in summary judgment motion for public entity; successfully defeated employee’s pregnancy discrimination claims in summary judgment motion; affirmed on appeal; successfully defeated class certification in wage and hour class action asserting independent contractor misclassification; procured sanctions against plaintiff’s counsel for violating discovery laws; minimized penalties by a significant amount in wage and hour class action with proactive measures at the onset of litigation; defeated employee’s wage and hour claims before DLSE; defeated employee’s claims at administrative trial; defeated employee’s claims in arbitration
- Conducts regular seminars and presentations in employment law, including wage and hour, leaves of absence, paid sick leave, social media, and background checks
- Written several publications related to wage and hour, paid sick leave, and other issues relevant to employers
- San Diego Super Lawyers® Rising Star, 2018-2021; Best Lawyers: Ones to Watch, 2022; San Diego young attorneys nominee by San Diego Daily Transcript, 2014
- Association of Business Trial Lawyers - LDC, Co-chair. 2018
- La Jolla Playhouse, Board of Trustees
- J.D. degree, San Diego Law Review – Editor-in-Chief, University of San Diego School of Law; B.A. degree, University of California, Los Angeles
- Can be contacted at 619-798-8075 or [email protected]
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