The ABC test for independent contractors under California law

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  • Опубліковано 27 січ 2025

КОМЕНТАРІ • 62

  • @DriveupLife22
    @DriveupLife22 5 років тому +11

    You know you're getting older when you're watching fewer memes and music videos on UA-cam and more videos about corporate Tax Strategies. Thanks for the explanation!

  • @denicenicolepalad9354
    @denicenicolepalad9354 3 роки тому

    Can you do a video re Borello test?

  • @metaloutlander
    @metaloutlander 6 років тому +10

    Horrible Idea! Thanks California..... again.

  • @aprizion
    @aprizion 3 роки тому

    ABC test can be applied for foreigners "contractors" working outside US?

  • @aileentorres3386
    @aileentorres3386 5 років тому +1

    I recently got hired for a home health agency to provide occupational therapy services to patients in their homes. They provide all the patients and all paperwork (session notes, Evals, etc) and I just provide the actual services to patients. They stated I need to get an independent business license bc of the new AB5 law, however I feel like it does not completely check off the ABC requirements. Am I wrong? Or should I look into obtaining a business license. I picked up this job as a way to earn some extra cash so not sure if it’s gonna be worth it if I have to go through the process of getting an independent license. Feedback appreciated! Thanks!

    • @tiffanypham9744
      @tiffanypham9744 5 років тому

      let me know if you find out the answer. I am in the same shoes

  • @teannan925
    @teannan925 6 років тому +3

    As a barber that works in a barbershop and pays a rental to cut hair inside the barbershop, im concerned that i will have to move to a more corporate barbershop which would force me to take a huge pay cut. As it stands it seems that i meet two of the three criteria. What will be the outcome for booth rental non employee barbers? I pay booth rent to the leaseholder that rents the space for our shop would it be better for all the barbers in the shop to become part owners of the business?

    • @jimmyqjones7122
      @jimmyqjones7122 5 років тому +1

      California has F*****ked the #Subcontractor ,... So many of them were FIRED TERMINATED JAN 1 , 2019 ,..told that 'increased so called costs" because of Stupid CALIFORNIA SUPREME COURT NONSENSE ,, TIME TO SUE THE STUPID STATE !!

    • @sarabrice6349
      @sarabrice6349 5 років тому

      Barbers and hairstylists are listed as exempt from AB 5 calmatters.org/economy/2019/09/whos-in-whos-out-of-ab-5/

  • @derrickmartinez916
    @derrickmartinez916 Рік тому

    do you need a license to file as 1099?

  • @viciouslycalm
    @viciouslycalm 6 років тому +2

    what about Amazon Flex Drivers? Does Amazon Prime promote same day deliveries, and therefore, deliveries are now a part of their business model?

    • @TheLegalLineup
      @TheLegalLineup  6 років тому

      It really depends on the facts - you should consult an attorney with specific questions. Thanks for the comment!

  • @SinerStyles
    @SinerStyles 6 років тому +2

    How does this law affect barbershops the rent booths or charge comission ?

    • @TheLegalLineup
      @TheLegalLineup  6 років тому

      It depends on the facts - but the independent contractor classification has always been an issue that carries a lot of potential liability if it is not properly done. I recommend speaking to a lawyer about your facts.

    • @chandlerbing1030
      @chandlerbing1030 6 років тому

      i'm an IC from a salon and was recently let go due to this. Is this justified?

  • @coachcruz25
    @coachcruz25 3 роки тому

    Question: I’m a personal trainer and work at Self Made training facility, I pay rent to the location and then bring in clients to train. There is equipment there at the facility but if I want certain pieces of equipment I have to purchase it. My question is do they have the right to create dress code and rules about where to eat and drink? And if we disobey are they able to kick us out of the facility?

  • @denny1144
    @denny1144 4 роки тому

    Great video...thanks for putting this together. How does this impact marketplace businesses, similar to Uber, Handy, SitterCity, etc..?

  • @thepetersonfamily111
    @thepetersonfamily111 6 років тому +1

    What about a personal trainer who pays rent for the space and equipment provided?

  • @JRossParrelli
    @JRossParrelli 5 років тому

    Question how does this affect performing musicians?

  • @josea2462
    @josea2462 6 років тому +1

    So ok my GF , just started to work as a hair stylist , thanks to a friend who is working as a message thrispist , our friend opened up a new business next door to her message place , she is the business owner , how ever the she does not have a cosmetology license and she does not preform any kind or hair service she is simply just putting up her money to open the salon and is just the business owner . My GF buys her own product for the service she provids and chargers her own price and works her own Hrs. My GF also paid for her own insurance to cover herself , if anyone try’s to sue her for anything that’s related to her service . I must also say that there is another girl who also works at the new salon who also dose hair +nails . I do know that business owner only has a massage therapist license and business liscien for that . She also has another business license for the salon she opened Next door where my GF is working now . Will my GF be affected ?

    • @savagelouie4498
      @savagelouie4498 6 років тому +2

      Yes she is now an employee and she will be getting paid hourly

    • @TheLegalLineup
      @TheLegalLineup  6 років тому

      It depends are the facts - you should consult an attorney for particular questions.

  • @ReD_SnOw-ke2hn
    @ReD_SnOw-ke2hn 5 років тому

    This applies only to ca right

    • @ReD_SnOw-ke2hn
      @ReD_SnOw-ke2hn 5 років тому

      @Dirk Knight law got rejected lol

    • @ReD_SnOw-ke2hn
      @ReD_SnOw-ke2hn 5 років тому

      @Dirk Knight law enforcement and I will be there in a few minutes to talk to you about it when you get home and I'll let you know when I get home 😘

  • @JaimeGonzalez-jd3rb
    @JaimeGonzalez-jd3rb 6 років тому +1

    Can I email you a couple questions ?

    • @jimmyqjones7122
      @jimmyqjones7122 6 років тому

      Bosses fail !! ALOT of attorneys are moving in for the kill on this one !! IF you are a boss who FIRED a subcontractor on Dec 31, 2018 , YOU "CAN" GET sued ! And you will - simply for THAT, Yes a lot of guys will plead things like "Age discrimination" but they can also use the E plurabus maxus ; "You cannot USE the new law to fire someone" WATCH !! YA ALL ! IF you were a guy that got fired jan 1, GET A LAWYER; especially truckers !!

    • @jeffkeil1595
      @jeffkeil1595 5 років тому

      @@jimmyqjones7122 lol!!

  • @dougterry9429
    @dougterry9429 6 років тому +1

    Since my son is co owners at my barber shop with me are we good

  • @paftaf
    @paftaf 6 років тому

    Thanks, very clear video.

  • @rajkanda7716
    @rajkanda7716 6 років тому

    Can truck drivers still work as owner operators ???

    • @Ryarios
      @Ryarios 6 років тому +1

      Raj Kanda according to this, no due to the "core business" part.

    • @paftaf
      @paftaf 6 років тому

      They own their equipment. But do they set their hours? Do they decide to take this job or that job? Do they advertise their services?
      If the company controls them, then they are not independent.

    • @Barbaranorwood11
      @Barbaranorwood11 5 років тому

      Redwood Madrone and most importantly do they have licenses required ?

  • @CR250RidR
    @CR250RidR 2 роки тому

    The main question to ask is: how do we overturn this crap for good at least the B part of it has to go.

  • @jimmyqjones7122
    @jimmyqjones7122 6 років тому +3

    ALOT of attorneys are moving in for the kill on this one !! IF you are a boss who FIRED a subcontractor on Dec 31, 2018 , YOU "CAN" GET sued ! And you will - simply for THAT, Yes a lot of guys will plead things like "Age discrimination" but they can also use the E plurabus maxus ; "You cannot USE the new law to fire someone" WATCH !! YA ALL ! IF you were a guy that got fired jan 1, GET A LAWYER; especially truckers !!

    • @fenderguitars6050
      @fenderguitars6050 6 років тому +2

      the democrats have butchered the state this time!!!

  • @mimih23
    @mimih23 6 років тому +1

    Wow what about realtors?!?! This seems subversive to commerce. What need was met by this decision?

    • @Ryarios
      @Ryarios 6 років тому

      mimih23 tax money. Indies are more likely to fail to pay their taxes than a business is. These laws aren’t new. They were in effect when our company had an office there 20 years ago. At least part a was. We thought about hiring some indies but decided against it because of these laws. Even though they were lax in enforcing them then.
      The other laws they’ve been lax enforcing are the laws concerning exempt or salaried employees. Expect to see them start enforcing those laws too to squeeze more taxes out of companies.

    • @mrtodd3620
      @mrtodd3620 6 років тому

      That is a very good question. Realtors and Barbers seem to be very similar.

    • @sails3538
      @sails3538 6 років тому +1

      Business owners use contractor laws to by pass taking taxes off of employees. And not pay benefits to employees. And allows business to pay under minimum wages.

    • @TheLegalLineup
      @TheLegalLineup  6 років тому +1

      Given the "gig" economy, the independent contractor test may not seem to fit with some new industries. It really depends on the facts particular to the situation. Thanks.

  • @sails3538
    @sails3538 6 років тому +4

    Business owners use contractor laws to by pass taking taxes off of employees. And not pay benefits to employees. And allows business to pay under minimum wages. This is necessary.

  • @unleashedrider4309
    @unleashedrider4309 6 років тому +1

    this is all old news from decades ago. everything touched on has been that way for 20 years. so idk why they revisted the same subject again. ive known this shit for years bc the laws always said the same thing.

    • @angvasq
      @angvasq 6 років тому +2

      The law didn't change, only the method for "determining" employment status. Before this court ruling, independent status was based on the Borello test and now it must be determined by the ABC test method. Quite different. This method will disqualify most people from being independent contractors in California.

    • @Ryarios
      @Ryarios 6 років тому

      Angela Vasquez part a at least was there 20 years ago. We used it then. We never hired indies because of it.