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California Employment Misclassification Risks Greater than Ever Before: How to Ensure Compliance with AB 5

California Employment Misclassification Risks Greater than Ever Before: How to Ensure Compliance with AB 5

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California Employment Misclassification Risks Greater than Ever Before: How to Ensure Compliance with AB 5

Live Webinar: Wednesday, May 6, 2020

1:30 p.m. to 3:00 p.m. Eastern / 10:30 a.m. to 12:00 p.m. Pacific


WEBINAR SNAPSHOT: Learn how to evaluate whether a worker is an independent contractor or employee under newly enacted California law (AB 5).



Employee or independent contractor? Answer wrong and misclassify a worker as a contractor and your organization could face massive liability now that California Assembly Bill 5 (AB 5) is in effect. Don’t guess as to whether your contractors need to be reclassified as employees.

Join us on May 6 for an all-new webinar with Attorney Cathleen Yonahara of Freeland Cooper & Foreman LLP who will provide insight into how to evaluate whether you may need to convert any contractors working for your organization to employees to ensure full compliance with California law.

After attending this webinar, you’ll be able to:

  • Generally recognize whether contractors need to be re-designated as employees under AB 5
  • Apply key concepts outlined in the “ABC test” to identify whether your contractors:
    • Are free from your business’s control and direction
    • Perform work outside the course of your business
    • Customarily are engaged in independently established trades, occupations or businesses of the same nature
  • Recognize the types of roles at highest risk for needing to be re-classified to employee status 
  • Recognize whether your contractor may fall within one of the statutory exemptions from the “ABC” test, and including a key exemption for “business-to-business” contracting relationships
  • Implement best practices for ensuring that workers properly designated as contractors stay that way 
  • Communicate effectively with the workforce about changes affecting employment classifications without sparking legal liability for your organization 
  • What happens when the ABC test is not used—how does the Borello test work in that case

About Your Presenter

Cathleen YonaharaCathleen S. Yonahara, Esq.
Partner
Freeland Cooper & Foreman LLP

Cathleen Yonahara concentrates her practice on employment and labor law in California. She has successfully represented employers in courts and before various government agencies, including the United States Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, and the California Labor Commissioner. She has litigated all types of employment matters, including claims of discrimination, harassment, failure to accommodate, retaliation, wrongful termination, breach of contract, violation of California Family Rights Act, misappropriation of trade secrets, and wage and hour violations. She also represents clients in commercial business disputes.

In addition to her litigation practice, Yonahara also provides advice and counseling to employers on all aspects of the employment relationship in order to avoid potential legal disputes. She advises employers on the myriad legal requirements facing California employers including anti-discrimination and harassment laws, family and medical leave laws, wage and hour compliance, and proper classification of independent contractors and exempt employees. She conducts audits of her client’s employment practices, policies and agreements to ensure compliance with federal and state employment laws, and drafts employee handbooks and personnel policies, and employment, arbitration, confidentiality and severance agreements. She also counsels executives on negotiating employment agreements and severance agreements.

Yonahara serves as the Assistant Editor to the California Employment Law Letter, a semimonthly newsletter focused on current labor employment cases in California. She is an experienced speaker and trainer on all aspects of the employment relationship.