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Saturday, March 25, 2023

9th Circuit Revives Challenge to California’s Worker-Classification Law, AB 5

The U.S. Court of Appeals for the Ninth Circuit on Friday revived gig companies’ challenge to California’s independent contractor law, citing the numerous exemptions legislators have given to specific industries since the passage of Assembly Bill 5.

Writing for a unanimous three-judge panel, Ninth Circuit Judge Johnnie Rawlinson said plaintiffs Uber Technologies Inc. and Postmates Inc. argued plausibly that carving out thousands of workers from AB 5′s reach since the bill’s passage in 2019 “is starkly inconsistent” with the law’s stated intent of providing all workers with basic workplace rights and protections.

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