We still don’t know whether Governor Gavin Newsom will be a brake on California’s Democratic legislature or a rubber stamp. The California Assembly’s recent passage of Assembly Bill (AB) 5 may provide an early test, once it passes the Senate—which it surely will.
AB 5 codifies the California Supreme Courts recent Dynamex decision and adds some wrinkles to it. By now, we all know that Dynamex abandoned the state’s traditional common-law test for independent contractor status, a nuanced and multifaceted analysis. Instead, Dynamex uses a three-pronged pitchfork, which has the advantage of simplicity, if not accuracy. Under that blunt test, you are an employee unless all three of the following apply:
