Legislative Analysis Employees vs Independent Contractors Essay

Legislative Analysis: Employees vs Independent Contractors

For Unit IV’s “Case Brief”, I am not asking you to analyze a case, but rather to analyze a piece a legislation – specifically, a California State statute. Knowing how to read and understand statutes is not just a skill for legal professionals – as a business owner/manager, this skill can help save you time and money! Please review, “

Tips for Reading Legislation

Download Tips for Reading Legislation

“, and then proceed to the questions below.

California statutes are the laws enacted by the California legislature and signed by the California Governor. California statutes are binding authority on all individuals and entities in California. After you have read the statute, please provide complete answers to the four questions following the prompt below.

On September 18, 2019, California governor Gavin Newsom signed into law a contentious piece of legislation—

AB-5

Links to an external site.

Links to an external site.—that will potentially reclassify millions of independent contractors as employees and dramatically reshape the future of independent workforces in California and beyond.

As its nickname, the “gig worker bill” suggests, much of the discussion around the new law has focused on its effects on the Ubers and Lyfts of the world. But it is actually far, far bigger than that, with the potential to touch nearly all companies in California—and even some outside of California—that use independent contractors.

Your assignment is to review the bill, and answer the following questions:

AB-5Links to an external site.

codifies a decision by the California Supreme Court in a 2018 case. What was that case called?

Why do you think the state legislature adopted this new law, i.e., what problem(s) were they trying to “fix”?

Which California State Code(s) did AB-5 amend?

The law codifies what is now known as the “ABC” test for classifying independent contractors. Describe the 3 prongs of that test.

Does the new law provide any exceptions? If yes, name two of these exceptions.

Tips for Reading California Legislative Bills
Reading California legislation can be complex and difficult, but the following instructions should
help guide you through the process:
1. Identify the bill: Before you begin reading the legislation, make sure you have the
correct bill in front of you. You can usually find this information on the front page of the
bill or by searching for the bill number on the California Legislature’s website.
2. Understand the structure: California legislation is typically divided into several
sections, each with its own title, chapter, article, and section number. It’s important to
understand how these sections are organized and how they relate to each other.
3. Read the preamble: The preamble is the introductory section of the bill that outlines its
purpose and intent. This section can provide important context for understanding the rest
of the legislation.
4. Read the enacting clause: The enacting clause is a sentence that states the bill’s purpose
and specifies the effective date of the legislation.
5. Read the definitions: Many bills include definitions of key terms that are used
throughout the legislation. It’s important to read and understand these definitions to
ensure that you’re interpreting the legislation correctly.
6. Read the substantive provisions: The substantive provisions are the sections of the
legislation that contain the actual rules or requirements. These sections can be divided
into various titles, chapters, articles, and sections, and it’s important to read each one
carefully to understand the full scope of the legislation.
7. Look for references to other laws: California legislation often references other laws,
statutes, or regulations that are relevant to the bill. It’s important to read these references
carefully to ensure that you’re interpreting the legislation correctly.
8. Pay attention to any amendments: Legislation can be amended over time, so it’s
important to pay attention to any amendments that have been made to the bill since its
original introduction.
9. Seek legal advice if necessary: If you’re having difficulty interpreting the legislation or
if you’re unsure about its implications, it’s always a good idea to seek legal advice from
an attorney who specializes in the relevant area of law.
Reading California legislation can be a challenging process, but with these tips, you should be
able to approach the task with greater confidence and understanding.