What Gig Workers in California Need to Know About AB 5 and Your Rights

by | Dec 9, 2024 | General Issues

If you’re a gig worker in California, you may have questions about your employment status and what rights you have under the law. With the passage of AB 5, California has taken steps to ensure workers like you are not misclassified as independent contractors when you should be employees entitled to essential benefits and protections. Here’s what you need to know to protect yourself.

Understanding AB 5 and How It Impacts You

California’s AB 5 uses the “ABC test” to determine whether you should be classified as an employee or an independent contractor. Under this law, you are likely an employee unless:

  1. A: You’re free from the control and direction of the company in how you perform your work.
  2. B: Your work is not central to the company’s usual business.
  3. C: You regularly operate your own independent business, trade, or profession.

If your gig fails any of these criteria, you are likely an employee. As an employee, you gain access to significant rights and protections, which many independent contractors don’t have.

Your Rights as a Gig Worker Under AB 5

If you are classified as an employee, you may be entitled to:

  • Fair Pay: Employers must pay you at least the California minimum wage and provide overtime pay for extra hours worked.
  • Reimbursements: Any necessary expenses related to your job, like gas for delivery drivers or equipment costs, must be reimbursed.
  • Paid Leave: As an employee, you may qualify for sick leave or family leave benefits.
  • Safety Protections: Workers’ compensation and workplace safety standards apply to you as an employee.

If your employer claims you are an independent contractor, but you meet the ABC test for employment, you may be missing out on these protections.

The Challenges of Being a Gig Worker

While AB 5 was designed to protect gig workers, some companies have pushed back. For example, Proposition 22—passed in 2020—exempts app-based delivery and rideshare companies from AB 5, allowing them to continue treating many gig workers as independent contractors. Prop 22 does offer limited benefits like health stipends and minimum earnings guarantees, but it does not provide the full rights and protections you would have as an employee.

If you’re unsure whether your work arrangement is compliant with California law, it’s crucial to understand your classification and take steps to protect your rights.

Protect Yourself

If you suspect you’ve been misclassified or your employer isn’t honoring your rights, don’t wait to take action. Misclassification can result in lost wages, benefits, and legal protections you’re entitled to under California law. An experienced employment attorney can help you navigate your options and fight for what you deserve.

The experienced employment lawyers at Rothschild & Alwill, APC can help you understand your classification and assist with potential wage and hour violations, including reimbursement claims. Email us or call our Central Valley office in Bakersfield at (661-369-8510) or in Santa Barbara at (805-845-1190) to schedule an initial confidential consultation at no charge. Se habla Español.