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MOBILIZE THE MESSAGE, LLC v. BONTA

No. 21-55855.

50 F.4th 928 (2022)

MOBILIZE THE MESSAGE, LLC; Moving Oxnard Forward, Inc.; Starr Coalition for Moving Oxnard Forward, Plaintiffs-Appellants, v. Rob BONTA, in his official capacity as Attorney General of California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 11, 2022.

Attorney(s) appearing for the Case

Alan Gura (argued), Institute for Free Speech, Washington, D.C., for Plaintiffs-Appellants.

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

Dissent by Judge VanDyke.

OPINION

For certain purposes, California classifies "a person providing labor or services for remuneration" as an employee unless the hiring entity satisfies the "ABC test" adopted in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903, 232 Cal.Rptr.3d 1, 416 P.3d 1 (2018). Cal. Lab. Code §...

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