Uber and Lyft is certainly fighting this.
AB5 will be helpful to the full-time 1099 workers in the warehouses and offices.
From the perspective of hiring artists, unless under exclusive contract, how does a performer not pass the ABC test?
- Part A of the test requires that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; and
- Part B of the test requires that the worker performs work that is outside the usual course of the hiring entity’s business; and
- Part C of the test requires that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.
- The contractor must actually be in business for themselves.
The analysis is if the plaintiff, "independently has made the decision to go into business for himself or herself” and “generally takes the usual steps to establish and promote his or her independent business – for example, through incorporation, licensure, advertisements, routine offerings to provide services of the independent business to the public or to a number of potential customers, and the like."
Quite a few advertise on social media, escort sites, or for strip club performances.