A new bill, AB 25, filed the first day of the new legislative session would replace AB 5 with the previously used Borello test to determine a worker’s employment status.
“It would help the people of California, who have made their views on AB 5 clear with the overwhelming passage of Proposition 22 in November; this bill simply extends their preference,” Assemblyman Kevin Kiley, R-Rocklin, the bill’s sponsor, told the Northern California Record.
The need for legislation like AB 25 has become more pressing amid the COVID-19 pandemic, Kiley said.
“We have seen AB 5 has been particularly destructive during lockdowns and restrictions, because misguided policies like AB 5 prohibit people from making a living,” Kiley said.
Under AB 5, certain professions are limited in the type of work they can perform if they are not classified as full-time employees.
If passed, AB 25 would fully repeal AB 5.
“It’s a common-sense proposal that would completely repeal AB 5 and reinstate the traditional test for distinguishing between independent contractors and employees,” Kiley said.
In September, Gov. Gavin Newsom exempted dozens more professions from AB 5 by signing AB 2257; under that statute the Borello test determines whether an individual is an employee or an independent contractor.
“[AB 25] is simply restoring the right to earn a living in California and restoring the livelihoods of countless people who have been affected by AB 5,” Kiley said.
Meanwhile, Kiley and fellow Assemblyman James Gallagher, R-Yuba City, are awaiting a court date for oral arguments before the California Third Appellate District in their lawsuit challenging Newsom’s executive orders that change current laws or unilaterally create new ones.
Sutter County Judge Sarah Heckman issued an injunction against the Governor in November, which is now before the appeals court.
“One-man government is not what our Constitution allows,” Kiley said. “Our suit is about restoring the system of checks and balances that our founders put in place but which has completely collapsed this year.”
The Governor has filed a petition for writ of mandate, prohibition, or certiorari. The governor’s press office did not reply to a request for comment from the Record.
The court docket shows several amicus briefs have been filed with the appellate court.
“We are very hopeful the judges will uphold our victory before the trial court, and we are very confident in our argument standing on appeal,” Kiley said.