LOS ANGELES — The federal government is following California’s lead in expanding worker protections for gig workers like rideshare drivers. 

In 2019, California passed state law Assembly Bill 5, which classified many employees previously considered independent contractors as employees.

The law created a 3-part test known as the “ABC” test that reclassified what an employee is. Essentially, if someone meets one aspect of the test, they are considered an employee and need the same protections and benefits.

Biden supported this regulation and is now looking to make a similar requirement nationwide. The Department of Labor has implemented an independent contractor rule similar to AB 5, but is facing multiple challenges.

Labor attorney Bill Sokol joined “Inside the Issues” host Amrit Singh to talk about the federal version of AB5.

The DOL has set up its own test to distinguish employees from independent contractors, however Sokol points out a problem is the test is a six-part test unlike AB 5.

“When you basically have to jump over six different hurdles [sic] there’s a lot of ambiguity,” Sokol said.

Sokol says the DOL does have the administrative authority to enforce the new regulation; he sees a legal issue down the line with the Supreme Court.

“The U.S. Supreme Court is after what they call the administrative state, so they are trying to chop away at these kind of adminisrative rules,” Sokol said.