Complexity Is The Cost Of Calif.'s Worker Classification Law

By Edward Zelinsky (October 24, 2019, 5:27 PM EDT) -- Few contemporary legal topics are as contentious as our vigorous national debate about who is an employee. Current law focuses heavily on the common law test: Considering all of the facts and circumstances, does the person hiring a worker control that worker?

Many critics maintain that this fact-specific, control-based standard for employee status is unclear and unprincipled.[1] At the same time, critics of current law emphasize that denying employee status to workers improperly deprives them of the coverage of state and federal laws such as minimum wage statutes, workers compensation laws and unemployment insurance legislation.[2]

The recent enactment into law of...

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