Dynamex Bill
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THE DYNAMEX BILL

AB 5 (Gonzalez) – Independent Contractors: 2018 case law, as established in the case of Dynamex Operations West, Inc. v. Superior Court of Los Angeles, creates a presumption that a worker who performs services for an employer is an employee (rather than an independent contractor) for purposes of claims for wages and benefits. This bill would state the intent of the Legislature is to codify the decision in the Dynamex case and clarify its application. The bill also contains exemptions for specified professions that are not subject to wage orders of the Industrial Welfare Commission or the ruling in the Dynamex case, including physicians, securities brokers, and other professionals. The California Chamber of Commerce has put together a coalition to add many California professionals, including mental health therapists, as exempted professions within AB 5. If exempted, these professionals would revert to the historical employee/independent contractor test that existed prior to the 2018 Dynamex case. CAMFT has received a large amount of member feedback expressing concerns about the effect the Dynamex case has had on their practice, and ability to contract. Both the CAMFT Legislative Committee and Board of Directors have supported that CAMFT sign onto the coalition’s efforts of the Chamber. NASW-CA, CALPCC, and the California Psychological Association have all joined the Chamber’s coalition as well.

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