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California Employment Law Glossary

AB 5 (Assembly Bill 5)
Misclassification

 

Definition


 

Assembly Bill 5, signed into law in September 2019, codified California's ABC test as the standard for classifying workers across most industries. Under AB 5, the default presumption is that workers are employees entitled to full labor law protections. While certain professions secured exemptions during the legislative process, the law significantly expanded employee classification coverage - particularly in the gig economy, retail, and delivery sectors.


Frequently Asked Questions

For most workers, yes - AB 5 codifies a presumption of employee status under the ABC test, though certain professions have specific statutory exemptions.

Various professions, including certain licensed professionals and specific business-to-business relationships, secured exemptions during the legislative process; an attorney can confirm whether your role falls under one.

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This glossary is provided for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Lawyers for Employee and Consumer Rights. Laws change - for advice specific to your situation, contact our office for a free case review.