Life After AB-5: A Toolkit by California Lawyers for the Arts

In response to the AB5 crisis affecting artists and arts organizations, CFTA members and colleagues California Lawyers for the Arts (CLA) has created a toolkit, "Life After AB5" that describes the legal background of this law and various options that employers and the artists they work with can consider going forward.

-Julie Baker, Executive Director, CFTA

An extensive toolkit published on February 1, 2020 by California Lawyers for the Arts, compiled and edited by: M.J. Bogatin, Kyle Kate Dudley and Alma Robinson, with research assistance from Sanam Rafiq

DOWNLOAD the toolkit

This document covers the following topics:

Independent Contractors:

  • Negative outcomes of being an independent contractor

  • Positive outcomes of being an independent contractor.

Independent contractor law prior to Dynamex:

  • Common law test

  • Federal Department of Labor Wage & Hour Division test

  • Borello Test

Dynamex Operations v. Superior Court (2018)

Dynamex ABC test

AB5: The law in general

Workers:

  • Concerns workers may have

  • A note on “work made for hire”

  • Protect your intellectual property (IP) rights

  • What positive change will occur for employee workers

  • For Workers: choosing to remain an independent contractor

Organizations and Hiring Entities:

  • Hiring entities: changes to make if you’re converting independent contractors to employees

  • Hiring entities: large scale changes you may need to make if you’re converting independent contractors to employees

  • Hiring Entities: possible ways to continue non-employee relationships

  • Hiring Entities: what happens if I don’t do anything?

  • Hiring Entities: penalties for violation

Strategies For Moving Forward:

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