Bakersfield ASSP Chapter Meeting

  • February 1, 2023
    7:00 am - 8:45 am

Topic Independent Contractors  (Understanding risks of misclassification)

A big change in the law in California that was all the news before the pandemic hit was AB 5.  AB 5 dramatically changed the test to determine whether a worker is an employee or an independent contractor.  Subsequent changes to AB 5 have added many exceptions to the rule.  The learning objectives are: Understand the three elements of the “ABC” test established by AB 5; Understand the consequences of misclassification; Understand the key exceptions to the ABC test; Understand that most of the exceptions still require the hiring company to meet the longstanding Borello test

Speaker Daniel K. Klingenberger, Esq – LeBeau Thelen LLP

Dan Klingenberger represents large and small companies in all forms of employment litigation, including wrongful termination, sexual harassment, class actions, unfair competition/trade secret issues, wage and hour claims, and discrimination.  He provides employers with creative and effective advocacy in the defense of such claims.  His litigation experience includes jury and bench trials in State and Federal Courts.

Dan defends claims filed with many administrative agencies, including the Division of Labor Standards Enforcement, Cal/OSHA, Department of Fair Employment and Housing, Equal Employment Opportunity Commission, Workers’ Compensation Appeals Board and the Employment Development Department. Dan has represented companies in hearings conducted by each of these government agencies.

Dan advises employers on day-to-day labor and employment law matters to develop effective and practical ways to deal with challenging employee issues. He assists employers with developing tools to manage employment law matters.  Such tools include employee handbooks, employment agreements, commission agreements and severance agreements.

For clients who face challenges dealing with unions, Dan provides advice on union avoidance, labor arbitrations, union elections and unfair labor practice charges filed with the National Labor Relations Board.

In addition, Dan is extensively involved with training supervisors and owners on employment law matters, including unlawful harassment prevention training, union avoidance and workplace violence. Dan is a frequent speaker before business and professional groups. Education: McGeorge School of Law, University of the Pacific, Sacramento, California J.D. Creighton University: B.S.B.A. Honors: President, National Jesuit Honor Society, Major: Economics/Management. Professional Associations: Labor and Employment Law Committee, Greater Bakersfield Chamber of Commerce , Chairman (two terms), Kern County Bar Association, Member Fresno County Bar Association, Member, State Bar of California, Member


In Person Breakfast at Hodels. RSVP to 

$20/person-Cash/Check/Credit/Debit – $10 ASSP Emeritus/$5 ASSP Student Members – Walk ins Welcome

Venue:  Hodels Country Dining Restaurant

5917 Knudsen Dr., Bakersfield, California, United States