Well, in terms of AB5 the federal government tried to head this one off with broad legislation 83 years ago. The Fair Labor Standards Act defines an "employ" as

Well, in terms of AB5 the federal government tried to head this one off with broad legislation 83 years ago. The Fair Labor Standards Act defines an "employ" as "to suffer or permit to work" specifically because they understood that employers would try to classify workers as anything other than an employee in order to get around the law. It doesn't seem to have worked out that way, so there's an argument for being a bit more specific. (I learned about this from this excellent podcast: https://www.marketplace.org/shows/the-uncertain-hour/to-suffer-or-permit-to-work/ https://www.marketplace.org/shows/the-uncertain-hour/to-suff...) I think the underlying problem is that these employers have disproportionate power, influence, and resources, along with endless creativity. If they can't get the government fully on their side every time, they'd rather it be dysfunctional.