The California Supreme Court ruling in the Dynamex case – the foundation for AB 5 – was unanimous, establishing a simple A-B-C test for companies to follow to determine if workers are employees or independent contractors. Gig companies seeking to continue cheating drivers by calling them independent have repeatedly failed this test. AB 5 also clarified the decision to address conflicts in current law for some industries while ensuring that those acting as true independent contractors would continue to be able to do so under the law.
Gig companies built entire business models on the pernicious practice of misclassification. Instead of recognizing their drivers as partners in the companies’ success and providing a fair wage and basic protections like workers’ compensation if injured on the job, paid sick days and family leave, these companies deny workers what they deserve under the law.