December 1, 2021

Volume XI, Number 335

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November 30, 2021

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November 29, 2021

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California Legislation Signed to Extend Exemptions from AB 5 for Certain Industries

Governor Newsom has signed Assembly Bill 1561 (AB 1561) to extend the sunset dates on the exemptions granted to licensed manicurists and construction trucking subcontractors from the provisions of Assembly Bill 5 (AB 5). AB 5 sets forth the test for whether a worker is an independent contractor or employee.

The exemptions will now sunset on January 1, 2025, providing each industry three additional years to determine compliance with AB 5.

AB 1561 also clarifies the scope of the exemption granted to a data aggregator and a research subject who willingly engages with a data aggregator to provide individualized feedback. The new legislation further clarifies that the exemption for the insurance industry extends to an individual providing claims adjusting or third-party administration work. Finally, as to the existing exemption for manufactured housing salespersons, AB 1561 specifies that the statutorily imposed duties of a manufactured housing dealer under the Health and Safety Code are not factors to be considered under the worker classification test.

Jackson Lewis P.C. © 2021National Law Review, Volume XI, Number 274
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About this Author

Arthur K. Cunningham Litigation Attorney Jackson Lewis Orange County
Principal

Arthur K. Cunningham is a Principal in the Orange County, California, office of Jackson Lewis P.C. Arthur has more than 20 years of experience litigating complex matters in state and federal courts and courts of appeal.

Arthur has handled more than 35 jury trials in state and federal courts and has tried cases to verdict in each of the following areas:

  • Defense of law enforcement and corrections officers and agencies in civil rights and tort matters in state...

949-885-1360
Associate

Stephanie A. Kierig is an associate in the San Diego, California, office of Jackson Lewis P.C. Stephanie defends clients in state and federal court, as well as before arbitrators and civil service commissions, and provides legal advice and counsel to help clients navigate legal and business workplace challenges. Having spent her first years of practice as a traditional labor lawyer representing unions, public employee associations, and their members, Stephanie’s experience provides a distinct perspective and understanding of the law that she uses to assist her...

619-573-4899
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