Question
ABC Test Effectiveness
Instruction
1. Please write a 3-page typed, single-spaced memorandum or essay addressing one of the following topics:
·Support or oppose the following proposition: California workplace law places too many burdens on employers with 5-10 employees.
· Is California’s ABC independent contractor test too difficult for a hiring entity to meet? If so, why and how would you change the test? If not, why not?
·Identify the differences between meal and rest break requirements under California and federal law. Explain which set of requirements you like more and how you would improve even your favored set of requirements.
·Support or oppose the following proposition: California should make workplace bullying unlawful.
2.The analysis of legal issues should be the heart of the paper.
3.Please do not cite materials used in class, including the handouts and text, as sources. You are expected to do research and incorporate that research into your paper. Please do not use my “Law at Work” column as one of your sources.
4.You are required to list the sources you cited or to which you referred. No particular form of citation is required.
5.No points will be deducted if you go over the 3-page limit by a page.
6.Please do not include a cover page. It’s just one more page I have to scroll down.
Expert Solution
The origin of this employee
grading criteria can be traced back to California. As one of the largest
economies in the USA, the formulation and implementation of this criteria as a
state statutory requirement highlight its applicability in a larger context.
This criterion was developed to address the issue of worker misclassification
due to the continuous development of the gig economy. Worker misclassification
has negative implications for workers as it denies them wages and benefits
accorded to employees. The critics of this criteria argue that employers need
more time to fulfill. However, their remarks have yet to be considered as more
states and countries borrow from this criterion, incorporating various
exemptions. Additionally, the approach has been endorsed by the federal
government. Therefore, despite the claim of its fulfillment challenges, the ABC
test has proven effective and has wide-scale endorsement due to its
similarities with other employee status criteria that make incorporating
changes to it unnecessary.
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