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Lab. Code 2783 lists exemptions from the ABC test of employee status adopted by AB 5 (Lab. Code 2775)

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Quinn v. LPL Fin. LLC, No. B313414, 2023 Cal. App. LEXIS 361 (Ct. App. May 10, 2023)

Under Lab. Code 2785, the exemptions are retroactive.  Here, a securities investment advisor with a registered broker-dealer (one of the exempt categories) sued for wage and hour violations which occurred before the exemption was enacted.  This decision holds that section 2785, making the exemption retroactive, is constitutional.  There was a rational basis for treating securities investment advisors differently; hence, the… Read More