California 2017-2018 Regular Session

California Assembly Bill AR125

Introduced
8/27/18  

Caption

Relative to the decision in Dynamex Operations West, Inc. v. Superior Court, regarding independent contractors.

Impact

The decision by the California Supreme Court established a more burdensome criterion for classifying workers as independent contractors, diverging from a system that had been in place for three decades. This change may lead to a decrease in flexibility for workers and is feared by business leaders to result in decimated operations across multiple sectors. The bill seeks to initiate a response to this critical issue, proposing that the ruling be restricted in its application to only those workers directly involved in the original Dynamex case for a period of two years, thereby providing temporary relief to the broader contractor class while discussions occur on the nature of labor relations in this region.

Summary

House Resolution No. 125 (AR125), introduced by Assembly Member Melendez, addresses the implications of the California Supreme Court's Dynamex Operations West, Inc. v. Superior Court decision from April 30, 2018. This ruling significantly altered the criteria under which individuals can be considered independent contractors, imposing stricter regulations that many argue endanger the livelihoods of nearly two million people in California who work in this capacity. The bill aims to urge an immediate suspension of the Dynamex decision, asserting that it has created significant economic insecurity and hardships for numerous industries and workers throughout the state.

Contention

Supporters of AR125 emphasize the necessity of balancing worker protections with the rights of individuals to work flexibly as independent contractors and argue that the restrictive nature of the Dynamex ruling could undermine this balance. However, critics contend that the protection of independent workers is essential and that the bill may divert focus from more comprehensive labor reform needed in California. The call for a special session to address these issues highlights the urgency and contentious nature of the discussions surrounding the bill.

Companion Bills

No companion bills found.

Previously Filed As

CA AB1928

Worker classification: employees and independent contractors.

CA AB224

Worker status: employees and independent contractors: newspaper distributors and carriers.

CA SB451

Worker classification: employees and independent contractors: licensed manicurists.

CA ACR90

India’s Independence Day.

CA ACR214

India’s Independence Day.

CA ACR156

Greek Independence Day.

CA SB320

Property taxation: possessory interests: independent: publicly owned housing project.

CA SR125

Relative to Pain Awareness Month and Women In Pain Awareness Day.

CA AR101

Relative to Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Pride Month.

CA SR96

Relative to Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) Pride Month.

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