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CA SB806

Bill

Status

Introduced

1/9/2020

Primary Sponsor

Shannon Grove

Click for details

Origin

Senate

2019-2020 Session

AI Summary

  • Repeals existing ABC test from Assembly Bill 5 that codified the Dynamex decision, which made it difficult for workers to qualify as independent contractors.

  • Establishes new modified ABC test for worker classification: hiring entity must prove worker is (1) free from control and direction, AND either (2) work is outside usual business or place of business, or worker pays for workspace, OR (3) worker operates independently in same trade/occupation.

  • Applies new test to all pending worker classification claims filed on or after January 1, 2018, in civil court or administrative actions.

  • Declares bill an urgency statute effective immediately due to economic disruption from COVID-19 pandemic.

  • Legislative intent includes overturning the Dynamex decision and allowing approximately one million independent contractors to continue working as freelancers who would be reclassified as employees under Assembly Bill 5.

Legislative Description

Worker status: employees: independent contractors.

Last Action

May 14 set for first hearing. Failed passage in committee. (Ayes 1. Noes 4.) Reconsideration granted.

5/18/2020

Committee Referrals

Labor, Public Employment and Retirement3/11/2020
Rules1/9/2020

Full Bill Text

No bill text available