Independent Contractor Updates – It’s Not Just About Caregivers

In 2018, the California Supreme Court significantly altered the test for determining who is and who is not an employee. Effective 2020, the legislature adopted the ABC test as the default test for determining employee status, but left open several confusing exemptions. The legislature amended the law, fixing some of the problems but creating others. California voters approved Proposition 22, allowing certain “app-based drivers” to be classified as independent contractors. All these changes create a complex web of counterintuitive tests for determining who is and who is not an employee. We will detangle that web and provide you the tools so you can identify who qualifies as an independent contractor.


Robert Nuddleman, Esq.

Robert Nuddleman, Esq.

Nuddleman Law Firm, P.C.

Robert Nuddleman is the owner and primary attorney at the Nuddleman Law Firm, P.C. He represents individuals and companies in federal and state court and various administrative agencies such as the California Department of Industrial Relations (Labor Commissioner), Equal Employment Opportunity Commission, Department of Fair Employment and Housing, and Unemployment Insurance Appeals Board. A significant focus of Mr. Nuddleman’s practice relates to wage and hour claims, breach of contract, trade secret protection, claims of sex, race, age, and pregnancy discrimination and/or harassment and accommodating persons with disabilities. Mr. Nuddleman advises and represents business clients in employment and business matters in an attempt to avoid litigation and reduce potential exposure to claims of all kinds in light of developing law.