The bottom line on AB5 for restaurant operators
California AB5 requires most BOH kitchen workers — dishwashers, line cooks, prep cooks — to be classified as W-2 employees. Using 1099 contractors for these roles in California creates significant legal exposure. W-2 staffing is the compliant model.
What Is California AB5?
California Assembly Bill 5 (AB5), signed into law in 2019 and effective January 2020, reclassified most independent contractors in California as employees for purposes of the Labor Code, Unemployment Insurance Code, and wage orders.
Under AB5, a worker is presumed to be an employee unless the hiring entity can demonstrate all three parts of the ABC test:
- Part A: The worker is free from the control and direction of the hiring entity in connection with the performance of the work
- Part B: The worker performs work outside the usual course of the hiring entity's business
- Part C: The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed
For BOH kitchen workers, parts B and C are almost impossible to satisfy. A dishwasher working in a restaurant is performing work within the restaurant's usual course of business — not outside it. And dishwashers are not typically running independent dishwashing businesses.
How AB5 Applies to BOH Kitchen Staffing
The restaurant industry was one of the sectors most directly affected by AB5. Before the law, some operators used gig platforms or informal 1099 arrangements to staff dishwashers, line cooks, and prep cooks. AB5 made this legally untenable for most of these arrangements.
- Dishwashers: Clearly within the usual course of a restaurant's business — cannot satisfy Part B of the ABC test
- Line cooks: Core to restaurant operations — misclassification exposure is high
- Prep cooks: Same analysis as line cooks
- Kitchen porters: Support role within the restaurant's core operation — W-2 required
- On-demand staffing platforms: Platforms classifying these workers as contractors face direct AB5 liability
AB5 Enforcement — What's Actually Happening
The California Labor Commissioner's Office has actively pursued AB5 enforcement since 2020. Key enforcement areas relevant to restaurants:
- Staffing platforms that classify kitchen workers as contractors have faced enforcement actions and litigation
- Restaurants that use platforms with contractor models may share liability as joint employers
- California's Proposition 22 (2020) created an exemption for app-based rideshare and delivery workers — but this exemption does not apply to kitchen staffing
- The Employment Development Department (EDD) conducts audits of businesses with high contractor usage in industries where misclassification is common
What California Restaurant Operators Should Do
- Audit any existing 1099 kitchen staffing arrangements for AB5 exposure
- Switch to W-2 staffing platforms for all BOH roles — the W-2 classification is built into the rate, not a separate cost
- Ensure any staffing agency you use in California employs workers as W-2 employees and carries California workers' compensation
- Document the employment relationship clearly — use timesheets, pay stubs, and proper onboarding
- Consult a California employment attorney if you have existing contractor relationships that may need to be reclassified
DishwasherHero+ places AB5-compliant W-2 kitchen workers across Los Angeles, San Francisco, and San Diego. All workers are W-2 employees in full California compliance.
Related compliance and BOH staffing reading
- W-2 compliance checklist for restaurant operators →
- Washington State restaurant staffing compliance →
- How to hire kitchen staff (BOH hiring guide) →
- Los Angeles kitchen staffing guide →
- Dishwasher job description →
Need AB5-compliant kitchen staff in California?
DishwasherHero+ places vetted W-2 dishwashers, line cooks, and prep cooks in LA, SF, and San Diego — fully AB5-compliant, confirmed in under 90 minutes.
Also see: Why W-2 staffing matters →
