Chris Micheli

AB 5 Was Repealed and the Legislature Didn’t Create the Problem  By Chris Micheli             Did this 2-part headline get your attention? When did the Legislature repeal AB 5? And, how did the Legislature not create the problem? As a self-professed “legislative geek,” I wanted to set the record straight about AB 5 and worker classification in California. First, here are the short answers to the two questions posed: AB 5 was repealed by AB 2257, that replicated AB 5’s language elsewhere in the Labor Code and added dozens more exemptions from the ABC Test. And, it was the California Supreme Court, rather than the Legislature, that caused the problem in the first place by issuing its Dynamex decision. The issue of proper worker classification has been a problem for decades at both the federal and statute levels, with different guidance among numerous government agencies depending upon the reason for classification – tax or...

Does the Legislature Enact Invalid Statutes?  By Chris Micheli             I would hope that your answer, unfortunately, would be “yes.” Whether good or bad, depending on your perspective, the California Legislature does indeed enact statutes that the judicial branch of government (state or federal) later determines to be invalid or unconstitutional.             The most recent example is AB 51, a bill enacted four years ago, that was struck down by a federal district judge, and that ruling was upheld by the 9 th Circuit Court of Appeals. As a result, AB 51’s ban on prohibiting mandatory arbitration agreements as a condition of employment was invalidated. The federal courts all found that AB 51 violates federal law.             There are also several examples of state courts striking down enacted bills that attem...

  Chris Micheli's Blogs Posted thru 2/25/23 (316) The Value of Explanations in Bill Plus Sections More Detailed Spot Bill Language in Digests Is Helpful Official State Designations in California Comparing 2023 Bill Introductions to Past Years Should a Special Statute Rely Upon Findings and Declarations? Possible New Approach for Appropriations Bills? Because It Doesn’t Happen Often… How Many Bills Were Introduced in the 2023 Session? Ex officio Versus Nonvoting Members What Is a Reversion Clause? Legislative Terms Compared Unique Provisions of California’s Code of Civil Procedure Is It Time for a Federal Tax Conformity Bill in California? HR 1 and the Speakership Enacting Clauses in Legislation Are the Following Bills Substantive or Nonsubstantive? More on Drafting Definitions in California Legislation Express Versus Implied Repeals of California Statutes Federal Constitutional Limitations on the California Legislature Types of Penalties to D...