Navigating Independent Contractor Misclassification and Joint Employment Liability in California

Navigating Independent Contractor Misclassification and Joint Employment Liability in California

In The Perfect Storm: Navigating Independent Contractor Misclassification and Joint Employment Liability in California, this 90-minute webinar guides litigators and counsel through the complex and intersecting risks facing California employers. Starting with an overview of the Dynamex decision and the evolving ABC test and AB5 framework, the program breaks down key statutory exemptions and recent case law impacting worker classification. Attendees will explore the significant consequences of misclassification, from wage and hour liabilities to tax penalties and PAGA exposure, illustrated with a real-world case study. The session also delves into the triggers and scenarios that create joint employment liability, highlighting the "double jeopardy" exposure employers face in multi-employer settings. The program concludes with compliance best practices—including essential documentation, audit protocols, and contract drafting strategies—equipping participants with actionable tools to mitigate risk and navigate California’s challenging employment law landscape.

About the program

Welcome & Overview

- Introductions and housekeeping
- Learning objectives and what attendees will take away

- Dynamex decision and the ABC test explained
- AB5 statutory exemptions breakdown
- Recent case law interpreting prong B (usual course of business)
- Quick quiz: Apply ABC test to sample scenarios

Misclassification Consequences

- Wage and hour liability cascade (overtime, meal/rest breaks, expense reimbursement)
- Tax penalties: EDD, IRS, and payroll tax exposure
- Workers’ compensation and benefits claims
- PAGA litigation trends and exposure
- Real-world case study: Cost of misclassification

Joint Employment Doctrine

- What triggers joint employment in California
- Multi-employer liability scenarios: staffing agencies, franchises, subcontractors, PEOs
- When the franchisor becomes the employer
- The misclassification + joint employment “double jeopardy”

Compliance Best Practices

- Documentation essentials for contractor relationships
- Audit protocols and self-assessment tools
- Contract language that helps (and language that hurts)
- When to reclassify vs. restructure relationships

Q&A and Key Takeaway

Faculty

Kelsey Szamet

Kelsey Szamet is a partner at Kingsley Szamet Employment Lawyers in Los Angeles, specializing in complex employment litigation and class actions involving wage and hour disputes, PAGA, and consumer law. Recognized as a Super Lawyer from 2023–2025 and recipient of the 2023 Women in Law Award, Kelsey brings more than 17 years of legal experience and has been featured as a speaker on advanced wage and hour issues. Her community leadership and advocacy reflect her dedication to justice—both in and out of the courtroom—and she is widely respected for her practical expertise and compassionate approach to representing clients in high-stakes cases.

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Aaron Cole, Ogletree Deakins

Aaron Cole is an attorney with Ogletree Deakins, one of the nation’s premier employment law firms. He represents employers in labor and employment law matters, including independent contractor classification and joint employment issues. Aaron is noted for his practical guidance on complex compliance matters and his work with clients ranging from startups to Fortune 500 companies. He has been a frequent presenter on California wage and hour law, workplace investigations, and risk management strategies and is valued for his clear, actionable advice to help employers navigate rap
idly shifting legal requirements.