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Fisher Phillips Attorneys Interview on Legislation Codifying ABC Classification Test


Media turned to attorneys at Fisher Phillips for a breakdown of Assembly Bill 5, passed by the California Assembly. The bill would install the Dynamex ABC test for worker classification into state law. In an interviews with the Daily Journal and The Recorder respectively, Megan Walker and Rich Meneghello explain the challenges the bill, if signed by California Gov. Gavin Newsom, would bring for employers and what it might look like when it gets to his desk.

Megan explains the test could create a number of challenges for employers if the bill becomes law. The new test replaces a standard that stood for 30 years, and Megan says it can be hard for employers to anticipate changes. The bill does exempt a number of workers from being classified as employees, such as insurance agents, healthcare professionals and investment advisors.

Rich added, however, “Don’t expect the Senate to pass it as it currently sits… there might be some exemptions that are built into it. That’s where, if I’m at a company right now, where you need to be in a wait-and-see position because we don’t really know what things are going to look like.”

To read the full articles, please visit the Daily Journal and The Recorder (some subscriptions required).

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