Unless some recently filed lawsuits (including one by the California Trucking Association) are successful, classifying a worker as an independent contractor is about to become much more difficult in California.

The new law (AB-5), which will go into effect on January 1, 2020, codifies the ruling handed down by the California Supreme Court last year in Dynamex Operations West v. Superior Court of Los Angeles (2018) 4 Cal.5th 903. In that case, the Supreme Court established a new three-prong test for employers to “rely” upon when classifying workers as either employees or independent contractors. Under the new test, to be accurately classified as an independent contractor, a worker must be:

(i) free from control of the company;

(ii) performing work “outside the usual course of the hiring entity’s business” (i.e., a paint company can’t have an independent worker who’s a painter); and

(iii) engaged in an independently established trade, occupation, or business of the same nature as the work they are performing.

So who will this effect? Almost every independent contractor out there. From truckers, taxi drivers, Uber & Lyft drivers, to barbers/hairdressers, maids, janitors, and childcare workers.

Many professions (e.g., doctors, lawyers, accountants, real estate agents, etc.) are exempt from the new law.

We’ll keep you posted as things progress.

Looking to Bullet-Proof Your Business?

Kushner Carlson Has Been Protecting Businesses for Decades with Our Battle-Tested Transactional Services.

LEARN MORE

TESTIMONIALS


MORE REVIEWS


yelp_w
avvo_w
google_w

ABOUT US


Kushner Carlson is proud to offer the firm’s clients a dynamic and superior legal team. Leveraging decades of experience in both the litigation and transactional arenas, Kushner Carlson’s attorneys count themselves as the very best in the business. Whether aimed at negotiating and resolving complex business and real estate disputes, or litigating all manner of business and real estate cases, the battle-tested attorneys at Kushner Carlson are second to none.

Clients who retain Kushner Carlson quickly discover why the firm has earned such a stellar reputation among the many attorneys and judges who have turned to the firm when they needed representation. And Kushner Carlson’s contribution to the legal world does not end with its superlative attorneys and support staff. Kushner Carlson is on the cusp of launching some truly revolutionary and disruptive technology that promises to forever change the way law firms partner with their clients.

OUR TEAM


MICHAEL B. KUSHNER

Senior Partner

LUKE S. CARLSON

Partner

DOMINIC M. CARUCCI

Partner

William Bergeron

Associate

Divya Bhavsar

Associate

James Calkins

Associate

Nicholas Caplin

Associate

Ryan Davies

Associate

James Decker

Associate

Paul Deese

Associate

SARA ETEMADI

Associate

Michael Lubin

Associate

Samantha MacLeod

Associate

Kirk Pearson

Associate

John Perkins

Associate

Namson Pham

Associate

Griffin Schindler

Associate

Spencer Shain

Law Clerk

Brendan Skipp

Law Clerk

Chris Xouleis

Associate

CONTACT


ADDRESS

85 Enterprise, Suite 310
Aliso Viejo, CA 92656

PHONE

949.421.3030
dpfantasy.org yourfemdom.club new.wantedporn.org

KUSHNER CARLSON