Based in Manhattan Beach, Kalley Aman is a Southern California attorney who practices at Buchalter, PC. Kalley Aman concentrates on labor and employment litigation and counseling and business litigation.
In 2019, the California legislature passed a number of new employment laws that are set to take effect in 2020, including those in the area of worker classification. Amending the Labor Code and the Unemployment Insurance Code, AB 5 expands a presumption of workers being “employees” and codifies into law the “ABC” test from Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903 (Dynamex) for classifying independent contractors. AB5 provides that for purposes of the provisions of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity’s business, and the person is customarily engaged in an independently established trade, occupation, or business. The bill provides that any statutory exception from employment status or any extension of employer status or liability remains in effect, and that if a court rules that the 3-part test cannot be applied, then the determination of employee or independent contractor status shall be governed by the test adopted in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello). AB5 exempts specified occupations from the application of Dynamex, and provides that these occupations are governed by Borello. These exempt occupations include, among others, licensed insurance agents, certain licensed health care professionals, registered securities broker-dealers or investment advisers, direct sales salespersons, real estate licensees, commercial fishermen, workers providing licensed barber or cosmetology services, and others performing work under a contract for professional services, with another business entity, or pursuant to a subcontract in the construction industry.
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AuthorAfter earning her bachelor of science in political science and her master of science in political theory and international law from Portland State University, Kalley Aman continued her legal studies at the Northwestern School of Law at Lewis & Clark College. Archives
December 2020
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