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Calif. Labor Commissioner Sues Car Wash App, Citing AB 5

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > Calif. Labor Commissioner Sues Car Wash App, Citing AB 5

Calif. Labor Commissioner Sues Car Wash App, Citing AB 5

Law360 (July 14, 2020, 7:39 PM EDT) — MobileWash, an app-based company that calls itself the “Uber of car washing,” misclassifies workers as independent contractors and fails to provide benefits and workplace protections that they would be entitled to if they were correctly classified as employees, according to a lawsuit filed by the California labor commissioner.

MobileWash misclassifies workers who wash and detail cars under the state’s new A.B. 5 law, which took effect in January and creates a three-pronged ABC test that presumes workers are employees unless all three criteria are met, according to the complaint the labor commissioner’s office announced Monday. MobileWash misclassified workers under the prior…

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