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California Assembly Bill 5 or AB 5 is a state statute that expands a landmark Supreme Court of California case from 2018, Dynamex Operations West, Inc. v. Superior Court ("Dynamex"). [1] In that case, the court held that most wage-earning workers are employees and ought to be classified as such, and that the burden of proof for classifying ...
Several Uber drivers have claimed to be employees, despite their classification as independent contractors. Some of the drivers sued after California passed a law aimed at requiring gig economy companies to classify workers as employees that took effect January 1, 2020. [13] Likewise, many more workers in the gig economy are making similar claims.
The California State Board of Equalization (BOE) is a public agency charged with tax administration and fee collection in the state of California in the United States.The authorities of the Board attempt to ensure that counties fairly assess property taxes, collect excises taxes on alcoholic beverages, administer the insurance tax program, and other tax collection related activities.
The distinction between independent contractor and employee is an important one in the United States, as the costs for business owners to maintain employees are significantly higher than the costs associated with hiring independent contractors, due to federal and state requirements for employers to pay FICA (Social Security and Medicare taxes) and unemployment taxes on received income for ...
The collection of almost all state sales taxes and special fees, prior to the formation of the Administration, was handled by the California State Board of Equalization, a constitutional body composed of constitutional offices; despite almost a century of attempts to reform the Board, owing to various corruption-related concerns, these efforts were not successful for most of its history. [3]
These individuals (in the case of the Board of Equalization, its members) are specifically denominated by article V, section 14 and article III, section 8, of the Constitution as 'state officers', are generally elected, are restricted from receiving money from certain sources and have their salaries determined by the California Citizen's Compensation Commission.
In 1879, California adopted its state constitution which among many other programs created the State Board of Equalization and the State Controller, which administered all tax programs. [1] In 1929, the state legislature created the office of the Franchise Tax Commissioner to administer California's Bank and Corporation Franchise Tax Act. [1]
Exceptions for the California State Board of Equalization, the Franchise Tax Board, and the California Public Utilities Commission contained in S.B. 523 have been criticized, as well as their non-APA procedures. [10] With few exceptions, the California State Personnel Board is exempt from the Administrative Procedure Act. [11]