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CA AB2257

Bill

Status

Passed

9/4/2020

Primary Sponsor

Lorena Gonzalez Fletcher

Click for details

Origin

State Assembly

2019-2020 Session

AI Summary

  • Establishes the "ABC test" as the primary standard for determining whether workers are employees or independent contractors in California, requiring hiring entities to prove workers are free from control, perform work outside usual business, and are customarily engaged in an independent trade.

  • Creates numerous exemptions from the ABC test for specific occupations including musicians, recording artists, medical professionals, real estate agents, insurance professionals, and various creative professionals like writers, photographers, and videographers who meet specified contractual and operational conditions.

  • Exempts business-to-business relationships between sole proprietors or business entities, referral agencies, and construction industry subcontractors from the ABC test, instead applying the Borello multifactor test for worker classification.

  • Authorizes district attorneys in addition to attorneys general and city attorneys to bring injunctive relief actions against putative employers for misclassifying employees as independent contractors.

  • Makes conforming amendments to tax law to align employment status determinations with the Labor Code standards and declares the act effective immediately as an urgency statute.

Legislative Description

Worker classification: employees and independent contractors: occupations: professional services.

Last Action

Chaptered by Secretary of State - Chapter 38, Statutes of 2020.

9/4/2020

Committee Referrals

Appropriations8/6/2020
Labor, Public Employment and Retirement7/1/2020
Rules6/11/2020
Appropriations5/21/2020
Labor and Employment4/24/2020

Full Bill Text

No bill text available