In the the biggest piece of employment news in the last year, on September 18, 2019, California Governor Gavin Newsom signed into law A.B. 5, solidifying a tighter standard of rules for classifying a worker as an independent contractor. The new standard, known as the Dynamex standard, codifies and expands the earlier California Supreme Court decision, Dynamex Operations West, Inc. v. Superior Court of Los Angeles. It took effect on January 1, 2020, and affects anyone who is or works with independent contractors in the state of California. Read more about these changes here.
Unfortunately, AB-5 does not currently have a carve-out or exception for the event industry. The Grady Firm’s founding attorney, Jennifer Grady, Esq. will be discussing and answering questions specific to the event industry via an online session and live webinar, “How Will the California AB-5 Law Affect The Event Industry?” hosted by KIMA Events (www.kimaevents.com). featuring a staffing company, will cover AB5 and Dynamex, the A-B-C test, “employee or contractor?” using specific examples from the event industry. While the burden is technically on the employer to provide that a valid independent contractor relationship exists, independent contractors themselves should have an AB5-compliant agreement to enhance their attractiveness to potential clients by showing that they have taken care of this issue and have had an attorney sign-off on their status.
Do you need help with determining if your worker(s) should be categorized as an employee or independent contractor? Contact The Grady Firm to determine your best possible strategy for keeping your workers as independent contractors, or converting them to employees. We offer three solutions using the “ABC’s of AB5.” Check it out here!
A – Our employment law attorneys will analyze and review your job description to determine whether a worker should be classified as an independent contractor or employee under AB5. Book Now
B – Our employment law attorneys will build a custom Independent Contractor Agreement that fits the needs of your business and is AB5 compliant. Book Now
C – Our Employee Conversion Kit provides you with 20 attorney-created forms that you can use to build a personnel file for your employees from the time of hire to separation. Includes a one-hour bonus phone call with our employment attorneys to explain the forms and answer your questions. Book Now
The Grady Firm attorneys provide the following employment law services:
Act as I-9 agent;
I-9 audit preparation or defense;
Employee v. independent contractor classification analysis;
Assistance with converting independent contractors to employees;
On-site, classroom-style Sexual Harassment training for employees and supervisors;
“Experiential” supervisor training in which managerial employees practice processing a harassment complaint and commencing an investigation in pairs with other trainees.
Draft and review Employee Handbooks, arbitration agreements, and Anti-Harassment policies;
Employee personnel file audits;
E-Verify account creation and monitoring;
Assistance with the employee on-boarding, discipline, and termination process;
Medical leave policies and implementation advising; and
To learn more about ensuring your business is compliant with state and local laws, schedule a complimentary 15-minute consultation with The Grady Firm’s attorneys; call +1 (949) 798-6298; or fill out a Contact Request Form. The Grady Firm has offices in Beverly Hills, Newport, and San Diego, California.
*Jennifer A. Grady, Esq. is licensed to practice employment law in California.
This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.