Dynamex, the recent California Supreme Court case which established the most restrictive definitions pertaining to employee misclassification, is now on the radar for legislative codification by California Assemblywoman Lorena Gonzalez (D-San Diego). Here is what Gonzalez had to say on her website,
California Assemblywoman Lorena Gonzalez (D-San Diego) kicked off the new legislative session this week by introducing legislation to make it more difficult for companies to avoid the employee rights of their workers by misclassifying them as independent contractors. Assembly Bill 5, which Gonzalez introduced Monday, would add to state law the “ABC test” adopted unanimously by the California Supreme Court this spring in its landmark decision involving Dynamex, a package and documents delivery company that converted all of its drivers to independent contractors as a move to save money at the expense of drivers’ rights on the job.
Assemblywoman Gonzalez said when workers fall under the uncertainty of independent contracting, it falls on the state to take care of them when they cannot find a job they get sick or they retire. “Individuals are not able to make it on three side hustles. That shouldn’t be the norm. That shouldn’t be accepted,” Gonzalez said. “In a state with one of the country’s highest poverty rates, this court decision is crucial to helping Californians maintain solid employment in an economy that’s left millions struggling.”
Other media outlets are giving Assembly Bill 5 coverage, as well,
Assemblywoman Lorena Gonzalez Fletcher (D-San Diego) introduced Assembly Bill 5, sponsored by the California Labor Federation, a placeholder or “spot” bill that is intended to codify the Dynamex ruling. A representative for the California Labor Federation told the Sacramento Bee that “labor is open to incorporating changes in the bill that clear up the intent and applications of the ABC test…There could even be industries with unique employment models that could be exempted.”
At a time in the Mortgage Field Services Industry when National Association of Mortgage Field Services (NAMFS) members are overleveraged and NAMFS itself suffering its worst financial state since formation nearly 25 years ago, many are asking where NAMFS Executive Director Eric Miller is.
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