Small Business Central--Independent Contractor or Employee?

Date: January 05, 2020

A one-stop informational resource from NFIB California

California Assembly Bill 5 is now law. Its goal was to put into California code the State Supreme Court’s Dynamex ruling, which sought to clarify, once and for all, who should be classified as an employee and who is a legitimate independent contractor.

Instead, both the decision and its follow-up legislation have only unleashed greater confusion and uncertainty. Further complicating matters is Assembly Bill 5 is expected to be amended again in 2020—and possibly again and again after then.

This web page serves as a central repository for all of NFIB California’s web stories, news releases, guest editorials, media coverage, lobbying activities, member meetings, and webinars. This page will be updated periodically with the latest information.

Share Your Concerns. Your Voice Matters.

  • Northern California Record, March 31—NFIB staff attorney Luke Wake discusses the effect the coronavirus crisis is having on Assembly Bill 5, the state’s new independent contractor law.
  • Fox&Hounds, March 12—NFIB continues its call on the Legislature to exempt all business-to-business relationships in the state’s new independent contracting law, not just a few that were granted by Assembly Bill 5 last year.
  • Hoover Institution, Eureka Blog, February 12—In a 1,500-word guest editorial, State Director John Kabateck calls the State Supreme Court’s Dynamex decision and Assembly Bill 5 a made-in-California mess.
  • California Insider, February 11—Host Siyamak Khorrami interviews State Director John Kabateck for a half-hour on the issues of importance to California small businesses. Assembly Bill 5 leads off the discussion.

  • Real Clear Politics, January 29—In an opinion piece for the news website, NFIB Staff Attorney Luke Wake writes that mess Assembly Bill 5 made with independent contractors is now a contagion spreading across other states. His article also ran in the February 2 edition of California Political Review.
  • Capitol Weekly Podcast, January 17—In another in a series of KabaTalks, State Director John Kabateck debates his brother, Brian Kabateck, former head of the Consumer Attorneys of California, about independent contractors, the Dynamex decision, and Assembly Bill 5.
  • The Epoch Times, January 14—State Director John Kabateck calls Assembly Bill 5’s attempt to codify the State Supreme Court decision affecting independent contractors “a complete and utter disaster for small businesses.”
  • Web Story, January 14—California’s independent contractor law draws fire.
  • Web Story, January 10, How Assembly Bill 5 is affecting entrepreneurs. One page NFIB graphic on the occupations and businesses still affected and businesses referring customers to other businesses.
  • Webinar, October 9–NFIB staff attorney Luke Wake hosted a webinar on employee/independent contractor classifications. Click the graphic below to listen to the hour-long presentation.

Prior News


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“The California Supreme Court wildly overstepped its authority in ruling on last year’s Dynamex case, taking for itself what is rightfully and historically the responsibility of the Legislature. If AB 5 can’t clean up the mess the Court left, it will only exacerbate what has become the two Californias: One with a thriving and prosperous tech industry along its coast; the other with inland and Central Valley communities struggling with regulatory overreach unprecedented in our state’s history that is forcing more and more Main Street enterprises to pack it up and head to Nevada or Arizona.” 

— NFIB California State Director John Kabateck

(Click the graphic below to expand)


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