Reference no: EM133502352
Homework: Legislative Analysis Employees vs Independent Contractors Essay
For Unit IV's "Case Brief", I am not asking you to analyze a case, but rather to analyze a piece a legislation - specifically, a California State statute. Knowing how to read and understand statutes is not just a skill for legal professionals - as a business owner/manager, this skill can help save you time and money! Please review, "Tips for Reading Legislation Download Tips for Reading Legislation", and then proceed to the questions below.
California statutes are the laws enacted by the California legislature and signed by the California Governor. California statutes are binding authority on all individuals and entities in California. After you have read the statute, please provide complete answers to the four questions following the prompt below.
On September 18, 2019, California governor Gavin Newsom signed into law a contentious piece of legislation-AB-5-that will potentially reclassify millions of independent contractors as employees and dramatically reshape the future of independent workforces in California and beyond.
As its nickname, the "gig worker bill" suggests, much of the discussion around the new law has focused on its effects on the Ubers and Lyfts of the world. But it is actually far, far bigger than that, with the potential to touch nearly all companies in California-and even some outside of California-that use independent contractors.
Your homework is to review the bill, and answer the following questions:
Question 1. AB-5 codifies a decision by the California Supreme Court in a 2018 case. What was that case called?
Question 2. Why do you think the state legislature adopted this new law, i.e., what problem(s) were they trying to "fix"?
Question 3. Which California State Code(s) did AB-5 amend?
Question 4. The law codifies what is now known as the "ABC" test for classifying independent contractors. Describe the 3 prongs of that test.
Question 5. Does the new law provide any exceptions? If yes, name two of these exceptions.