AMERICAN SOCIETY OF JOURNALISTS & AUTHORS v. BONTA

No. 20-55734.

15 F.4th 954 (2021)

AMERICAN SOCIETY OF JOURNALISTS AND AUTHORS, INC.; National Press Photographers Association, Plaintiffs-Appellants, v. Rob BONTA, Attorney General of the State of California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2021.


Attorney(s) appearing for the Case

James M. Manley (argued), Caleb R. Trotter , and Jeremy Talcott , Pacific Legal Foundation, Sacramento, California, for Plaintiffs-Appellants.

Jose A. Zelidon-Zepeda (argued), Deputy Attorney General; Heather Hoesterey , Supervising Deputy Attorney General; Thomas S. Patterson , Senior Assistant Attorney General; Office of the Attorney General, San Francisco, California; for Defendant-Appellee.

Ilya Shapiro and Trevor Burns , Cato Institute, Washington, D.C.; Manuel S. Klausner , Law Offices of Manuel S. Klausner, Los Angeles, California; for Amici Curiae Cato Institute, Reason Foundation, and Individual Rights Foundation.

Timothy Sandefur and Christina Sandefur , Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute, Phoenix, Arizona, for Amicus Curiae The Goldwater Institute.

Krystal B. Swendsboe and Hyok Frank Chang , Wiley Rein LLP, Washington, D.C., for Amicus Curiae The Independent Institute.

Daniel R. Suhr and Reilly Stephens , Liberty Justice Center, Chicago, Illinois, for Amicus Curiae Liberty Justice Center.

Before: Consuelo M. Callahan and Danielle J. Forrest, Circuit Judges, and Richard Seeborg, District Judge.


OPINION

To confront the misclassification of employees as independent contractors, California passed Assembly Bill (AB) 5, then AB 2257, which codified a more expansive test for determining workers' statuses, albeit with certain occupational exemptions. Because freelance writers, photographers, and others received...

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