The Debate over Worker Classification in California: CA AB-5 and Beyond

Who should be considered an independent contractor vs. an employee? California AB-5 was signed into state law in early 2020 – and re-classified many independent contractors as employees subject to California employment regulations. The debate continued, however, and on November 3rd, 2020, Californians voted “yes” to an exemption to AB-5 – on the ballot as Proposition 22 – which determined that app-based ridesharing and delivery drivers are permitted to function as independent contractors. What about other independent contractors? What other industries should be subject to – or exempt from – CA-AB5? Questions continue.

Bruce Sarchet is a Shareholder at Littler Mendelson P.C.

Bruce J. Sarchet


Littler Mendelson P.C.

Labor & Employment
State & Local

The Federalist Society and Regulatory Transparency Project take no position on particular legal or public policy matters. All expressions of opinion are those of the speaker(s). To join the debate, please email us at [email protected].

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