3 ms·
1. A director looks more like an employee post-AB5, so it could be employment discrimination in California. 2. Independent contractors are protected against so
by Digory 6y ago
1. A director looks more like an employee post-AB5, so it could be employment discrimination in California.
2. Independent contractors are protected against some race-based mistreatment in California.
3. The Unruh Act prohibits California businesses from race discrimination in offering “advantages” and “privileges” to non employees.
4. The next employee fired will have a much better case that their employment was terminated based on race — as Reddit openly does make decisions based on race.
Granted, there are responses to all of these. Maybe even constitutional defenses. Maybe they’ll argue some other state’s laws apply, but all US states have pretty broad non discrimination laws — for a reason.
- jedberg 6y agoSection 2750.3 of the California Labor Code was added by AB5, and specifically excludes board members as employees.
- deleted 6y ago[deleted]
- Digory 6y agoLike many things around AB5, that's not straightforward. They'd have to severely limit his actual involvement to avoid employee status. https://www.natlawreview.com/article/do-directors-avoid-employee-status-under-ab-5 https://www.natlawreview.com/article/do-directors-avoid-empl...
- jedberg 6y agoA director of the company will easily pass the ABC test anyway. Especially given that he's a director at lots of other companies and has an existing full time job.