Assemblywoman introduces Assembly Bill 71

Assemblywoman Melissa Melendez. Photo by Donna Ritchie

Assemblywoman Melissa Melendez announced that she introduced Assembly Bill 71, which seeks to enact clear provisions protecting independent workers while rolling back the dangerous precedent set in the California State Supreme Court decision Dynamex Operations West v. Superior Court.

“This legislation addresses the chilling and potentially harmful impact the Dynamex decision will have on the business community in our state and for the nearly two-million Californians who have made the choice to have flexible work schedules as independent contractors,” said Melendez.

AB 71 codifies the nearly 30-year old “Borello test” that had, prior to Dynamex, provided the basis for hiring or using independent contractors in California.

These factors include, but are not limited to, the right to fire at will without cause and how to determine the method of payment, whether it’s by the job or the time it takes.

“Sacramento is dominated by powerful labor union special interests that have constantly stood in the way of independent workers,” said Melendez. “My attempt this past session, to shed some light on this issue, was stifled by those special interests.

“Without clear legislative action, the Dynamex case could unravel gig and tech economies and threaten the traditional business models of realtors, teachers, beauticians, truck drivers, construction trades and countless other professions.”

Assemblywoman Melissa A. Melendez represents the 67th Assembly District, which includes the communities of Lake Elsinore, Canyon Lake, Murrieta, Menifee, Wildomar and a portion of Hemet and the Riverside County unincorporated areas of Lake Mathews, Good Hope, Nuevo, and Winchester.