Hastings Business Law Journal Volume 17 Number 1 Winter 2021 Article 6 Winter 2021 AB-5 and Drive: Worker Classification in the Gig conomyE Kai Thordarson Follow this and additional works at: https://repository.uchastings.edu/hastings_business_law_journal Part of the Business Organizations Law Commons Recommended Citation Kai Thordarson, AB-5 and Drive: Worker Classification in the Gig conomyE , 17 Hastings Bus. L.J. 137 (2021). Available at: https://repository.uchastings.edu/hastings_business_law_journal/vol17/iss1/6 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Business Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. 5 - NOTE_THORDARSON_HBLJV17-1 (DO NOT DELETE) 12/7/2020 9:15 AM AB-5 and Drive: Worker Classification in the Gig Economy Kai Thordarson ABSTRACT Gig-economy platforms such as Uber and Lyft rely on their drivers as the backbone of their ride-sharing operations. These drivers, typically classified as independent contractors, are in a state of regulatory flux regarding their worker classification. Due to the novelty of the worker- employee relationship in gig-economy platforms, these drivers exist in a regulatory gray area. California, with its very recent (and very controversial) Assembly Bill 5, has changed its operative worker-classification formulation to the worker-friendly “ABC” test in an attempt to statutorily modernize the burgeoning industry. In addition to analyzing the range of tests and their effect on the gig industry, this note will examine both the potential for the addition of a third “hybrid” worker classification category and California’s judicial evolution from the common law “Right to Control” test to the “ABC” test to determine if it is a trend or an aberration.