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AB 5: The Codification of the ABC test - A Franchising Perspective
Business Law Section
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Assembly Bill 5 (AB 5) goes into effect on January 1, 2020 and codified the ABC test adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018) (“Dynamex”). AB 5 makes radical changes to the way California law analyzes the treatment of workers as independent contractors. This program reviews the impact AB 5 may have on businesses, with a focus on franchising, including, whether and how AB 5 potentially changes the relationships between franchisors, franchises and franchisee employees. Issues discussed will include changes in the analysis of worker classification as independent contractors, exemptions with AB 5, and impact on common law theories of liability (i.e., vicarious, joint employer, and agency). The panel will provide a perspective of AB 5 from that of a franchise litigator, franchise compliance attorney, franchisee attorney, and franchise in-house attorney.
1 Legal Specialization in Franchise & Distribution Law
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| 1 Participatory MCLE Credits |
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