California Assembly Denies Procedural Vote Then Votes To Send AB5 To Governor’s Desk

Executive Summary The California Assembly has voted in concurrence with the Senate Amendments of AB5 and has sent the bill to Governor Newsom’s desk for signature or veto. Governor Newsom has publicly expressed support for the bill. Analysis On September 11, 2019, the California Assembly denied a procedural vote supported by Republicans in the Chamber (16 Ayes, 53 Noes, 10 […]

AB5 Amendments Incentivize Union Bargaining and Expands Rights of Action

Executive Summary The California Senate has amended AB5 one last time before coming to a floor vote. While several of the amendments are superfluous purpose statements and findings, technical changes that have no objective impact on the law, and small clarifications regarding individuals who were already covered or carved out from the bill (i.e., licensed manicurists), there are two notable […]

California Senate Amends AB5 to Take Certain Industries Off The Hook Of The Dynamex “ABC” Test

Executive Summary The California Senate has amended AB5. Certain non-franchise industries have been taken out of the bill’s exemptions while commercial fishing and professional services have been included. Still, no direct franchising at large amendment has been included. Analysis On August 30, 2019, the California Senate amended AB5. Unlike past amendments, the Senate’s Amendment takes out certain explicit industry exemptions […]

California Senate Appropriations Committee Passes AB5, Again, Along Party Lines

Executive Summary The California Senate Appropriations Committee passed AB5 on party lines. The bill now moves to the Senate at-large for consideration. Analysis On August 30, 2019, the California Senate Appropriations Committee passed after earlier amendment. Votes were as follows: Ayes Steven Bradford (D) – 35th Senate District Maria Elena Durazo (D) – 24th Senate District Gerald Hill (D) – […]

AB5 Amendments Adds Industry Carve-Outs and Shifting Criteria for Independent Contractor Classification

Executive Summary The California Senate has amended AB5 rolling back some previous amendments related to certain industries such as hairstyling and adding in new industries that would be carved out from the Dynamex “ABC” test. No direct franchising at large amendment has been included yet. Analysis On July 11, 2019, the California Senate Committee on Labor, Public Employment and Retirement amended AB5. […]

California Senate Labor, Public Employment and Retirement Committee Passes AB5 Without Amendment

Executive Summary The California Senate Labor, Public Employment and Retirement passed AB5 along party lines. The bill now moves to the Senate’s Appropriations Committee for consideration. Analysis On July 10, 2019, California Senate Labor, Public Employment and Retirement Committee passed AB5 without amendment. Votes were as follows: Ayes Gerald Hill (D) – 19th Senate District Hannah-Beth Jackson (D) – 19th […]

California Assembly Amendment Restyles AB5, but Narrowly Misses Franchise Exemption in Trimming the “ABC” Test

Executive Summary The California Assembly has amended AB5 significantly and added several industry carve outs to the Dynamex “ABC” test, but it did not make any changes that directly relate to the franchise industry. Analysis On May 24, 2019, the California Assembly amended AB5 significantly, carving out more industries and professions from the Dynamex “ABC” test and stating explicitly that the Borello test–either as is or […]

California Assembly Appropriations Committee Passes AB5

Executive Summary The California Assembly Appropriations Committee passed AB5 along party lines. The bill now moves to the Assembly at large for consideration. Analysis On May 16, 2019, California Assembly Appropriations Committee passed the AB5 as amended on May 1, 2019. Votes were as follows: Ayes Richard Bloom (D) – 50th Assembly District Rob Bonta (D) – 18th Assembly District […]