Case brief 4: legislative analysis

Legislative Analysis: Employees vs Independent Contractors  Picture of signs: Independent Contractors vs. Employees

For Unit IV’s “Case Brief”, I am not asking you to analyze a case, but rather to analyze a piece a legislation – specifically, a California State statute. Knowing how to read and understand statutes is not just a skill for legal professionals – as a business owner/manager, this skill can help save you time and money! Please review, “How to Read a Statute download“, and then proceed to the questions below.

California statutes are the laws enacted by the California legislature and signed by the California Governor. California statutes are binding authority on all individuals and entities in California. After you have read the statute, please provide complete answers to the four questions following the prompt below.

California statutes are the laws enacted by the California legislature and signed by the California Governor. California statutes are binding authority on all individuals and entities in California. After you have read the statute, please provide complete answers to the four questions following the prompt below.

On September 18, 2019, California governor Gavin Newsom signed into law a contentious piece of legislation—AB-5 

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB5 —that will potentially reclassify millions of independent contractors as employees and dramatically reshape the future of independent workforces in California and beyond.

As its nickname, the “gig worker bill” suggests, much of the discussion around the new law has focused on its effects on the Ubers and Lyfts of the world. But it is actually far, far bigger than that, with the potential to touch nearly all companies in California—and even some outside of California—that use independent contractors.

Your assignment is to review the bill, and answer the following questions (you do not need to use the Case Brief format):

  1. AB-5 (Links to an external site.) codifies a decision by the California Supreme Court in a 2018 case. What was that case called?
  2. Why do you think the state legislature adopted this new law, i.e., what problem(s) were they trying to “fix”?
  3. Which California State Code(s) did AB-5 amend? 
  4. The law codifies what is now known as the “ABC” test for classifying independent contractors. Describe the 3 prongs of that test.
  5. Does the new law provide any exceptions? If yes, name two of these exceptions.

**Important Note: There is a new version of AB5 is called Assembly Bill 2257 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB5. It was signed into law by the Governor of California on September 4, 2020 and replaces AB5. In addition, the passage of Prop 22 in November’s election will result in changes to the application of AB5/AB2257 for platform-based workers. However, for this assignment, you only need to consider the original statute, AB5.

Order a unique copy of this paper
(550 words)

Approximate price: $22

Basic features
  • Free title page and bibliography
  • Unlimited revisions
  • Plagiarism-free guarantee
  • Money-back guarantee
  • 24/7 support
On-demand options
  • Writer’s samples
  • Part-by-part delivery
  • Overnight delivery
  • Copies of used sources
  • Expert Proofreading
Paper format
  • 275 words per page
  • 12 pt Arial/Times New Roman
  • Double line spacing
  • Any citation style (APA, MLA, Chicago/Turabian, Harvard)

Our guarantees

We value our customers and so we ensure that what we do is 100% original..
With us you are guaranteed of quality work done by our qualified experts.Your information and everything that you do with us is kept completely confidential.

Money-back guarantee

You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.

Read more

Zero-plagiarism guarantee

The Product ordered is guaranteed to be original. Orders are checked by the most advanced anti-plagiarism software in the market to assure that the Product is 100% original. The Company has a zero tolerance policy for plagiarism.

Read more

Free-revision policy

The Free Revision policy is a courtesy service that the Company provides to help ensure Customer’s total satisfaction with the completed Order. To receive free revision the Company requires that the Customer provide the request within fourteen (14) days from the first completion date and within a period of thirty (30) days for dissertations.

Read more

Privacy policy

The Company is committed to protect the privacy of the Customer and it will never resell or share any of Customer’s personal information, including credit card data, with any third party. All the online transactions are processed through the secure and reliable online payment systems.

Read more

Fair-cooperation guarantee

By placing an order with us, you agree to the service we provide. We will endear to do all that it takes to deliver a comprehensive paper as per your requirements. We also count on your cooperation to ensure that we deliver on this mandate.

Read more

Calculate the price of your order

550 words
We'll send you the first draft for approval by September 11, 2018 at 10:52 AM
Total price:
$26
The price is based on these factors:
Academic level
Number of pages
Urgency