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Live Webinar

90-minute live streaming program
  • July 30
  • 1:00 - 2:30 pm EST

Applying AB5 and AB2257 to Contractor Classifications in California

July 30

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.

Learning Objectives

  • You will be able to describe the ABC factors and how each is interpreted.
  • You will be able to discuss potential legal exposure for misclassification under California law.
  • You will be able to explain common exceptions to the ABC test.
  • You will be able to identify ways to improve your written independent contractor agreements.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview of AB 5 and AB 2257
  • Employee vs. Independent Contractor
  • Source of AB 5 (Dynamex Decision)
  • ABC Factors and What Each One Means
Exceptions to the ABC Test
  • What Does an Exception Mean
  • What Are the Most Common Exceptions
Independent Contractor Agreement
  • Key Terms
  • Evaluating Risk of Certain Engagements
Misclassification Exposure
  • Claims and Penalties
  • Agencies and Court
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Live Webinar Registration

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • HR Certification Institute 1.5 including California 1.5
     
  • This program has been approved for 1.5 ( California for 1.50 hours ) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP.
     
  • CPE 1.8 including Business Law 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www.nasbaregistry.org. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Business Law for 1.8 hours. Prerequisite: basic knowledge of employment laws. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     

Who should attend?

This live webinar is designed for human resource professionals, business owners and managers, benefits and payroll professionals, operations managers, presidents, vice presidents, supervisors, managers, controllers, accountants and attorneys.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Annie Ellis

Annie Ellis

Law Office of Annie M. Ellis, A.P.C.

  • Law Office of Annie M. Ellis, A.P.C.
  • San Diego Super Lawyers® Rising Star – 2018-2021
  • 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
  • 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: 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 significant amount in wage and hour class action with proactive measures at 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
  • J.D. degree, University of San Diego School of Law (San Diego Law Review – Editor-in-Chief); B.A. degree, University of California, Los Angeles
  • Can be contacted at 619-798-8075 or [email protected]
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 408886
Published 2021
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