Published On: Mon, Jul 12th, 2021

Truckers, Journalists Keep Challenging California’s Controversial Freelance Law

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Truckers and freelance journalists continue to appeal in court to receive additional exemptions under California’s controversial freelance law. AB 5 went into effect in January 2020 and intended to provide additional protections and benefits for employees. However, the reality of the bill looks much different, according to some gig workers. The bill authored by Assemblywoman Lorena Gonzalez reclassified what constitutes independent contractors by creating a three-pronged “ABC” test that workers must pass to be considered freelancers. It essentially codified a judge’s ruling in the case Dynamex Operations West, Inc. V. Superior Court, which placed the burden on the employer to establish whether a worker is an employee or an independent contractor. Jim Manley, a lawyer at Pacific Legal Foundation representing the American Society of Journalists and Authors (ASJA) and the National Press Photographers Association (NPPA), told The Epoch Times that the ABC test is “just too simplistic to take into …

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