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Applying AB5 and AB2257 to Contractor Classifications in California

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.

91 minutes
Course Exam
Certificate of Completion
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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

OnDemand Course

This course was last revised on July 30, 2021.

Call 1-866-352-9540 for further credit information.

  • 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 E-Learning program has been approved for 1.5 (General) 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.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • CA MCLE 1.5
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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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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