Learn about the new California independent contractor law, Assembly Bill 5

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Paul Sethi
Paul Sethi is the founder and president of Cognizant HR and Tax in the Inland Empire, serving small businesses with their human resource needs like payroll, compliance audits, employee handbooks, investigations, training, taxes and more. He brings over 10 years in the field and is SHRM certified professional with an MBA. Courtesy photo
Assembly Bill 5 is the most widely reported bill of 2019 and will be discussed for many years to come.  This bill was signed into the law in September 2019 and went into effect this month.  It clarifies the “ABC” test for employers as a standard for classifying the workers as an employee, who is issued a W-2, or as an independent contractor, who receives a Form 1099. The burden of proof is on the employers to demonstrate the worker can be classified as an independent contractor. To demonstrate this burden of proof, employers must abide by all the conditions stated in “ABC” test, as per Dynamex vs State of CA, April 30, 2018. A – The person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract fo
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