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Senator Elizabeth Warren Wades Into California’s Consideration of Gig Worker Classification


Last week, Democratic Senator Elizabeth Warren wrote an op-ed in which she advocated for passage of AB 5, a bill currently working its way through the California Assembly.  That proposed legislation would codify a 2018 ruling from the California Supreme Court, Dynamex v. Superior Court, which upended the test for determining whether a worker is an employee or independent contractor.  Of note, the newly created test from that ruling resulted in many gig workers in the state being found to be classified as employees rather than independent contractors (and imposed retroactive liability for employers in the state.)

Readers might recall that Senator Warren is one (of many) Democratic candidates vying for the party’s 2020 Presidential nomination.  With her elevated profile and access to a wide range of media coverage, I would expect her support for the passage of AB 5 to continue to receive widespread attention and support from gig workers across the country.

For those wondering, AB 5 is currently working its way through the California Senate.  While its passage is not guaranteed (and Democratic Governor Gavin Newsom has not indicated whether he would even sign he legislation into law if it reached his desk), the clock is ticking as the legislative session ends next month.


For a copy of Senator Warren’s op-ed:  https://www.sacbee.com/opinion/article233987982.html

For additional information on AB 5:  https://www.jdsupra.com/legalnews/ab-5-update-california-senate-committee-42115/

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