In April 2018, the California Supreme Court created a new three-part test for establishing whether a worker is an employee or independent contractor with its decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles. Previously, courts weighed a range of factors to determine independent contractor classifications. In Dynamex, the Supreme Court introduced a three-element ABC test.
California Governor Newsom recently signed Assembly Bill 5 (AB 5) which codifies the “Dynamex ABC” test used to determine if a worker is an employee or an independent contractor and added several exceptions and clarifications. AB 5, which takes effect on January 1, 2020, now expands that test and applies it to all provisions of California’s Labor Code and Unemployment Insurance Code.
The February Risk Managers Roundtable series will present “Independent Contractors and What This New Legislation Means for Your Agency” presented by Kelly Trainer and Katy Suttorp from Burke, Williams and Sorensen. The Roundtables will focus on this new legislation, along with newly developed Authority resources to be ready for the roundtables, which will include an independent contractor/instructor template and a Dynamex ABC test decision tree.
Risk Managers Roundtables are opportunities for members to learn about relevant topics, network with peers over lunch, and join an open forum discussion and dialogue on emergent member issues. The February Roundtables will be held at the following locations:
- Tuesday, February 4, 2020, La Palma/Authority campus
- Tuesday, February 11, 2020, Central Coast
- Tuesday, February 18, 2020, Coachella Valley
Please come prepared to share your questions, scenarios that you are facing or lessons that your agency has learned. If you have specific questions or issues that you would like addressed by our facilitators, please submit them to Ryan Thomas, Training and Loss Control Specialist, to ensure they will be included during the Roundtable discussion.
Please register for the Roundtable through your agency’s training registrar or myJPIA. For more information, please contact Michelle Aguayo, Training Coordinator.