AB 2489

  • California Assembly Bill
  • 2019-2020 Regular Session
  • Introduced in Assembly
  • Assembly
  • Senate
  • Governor

Worker status: employees: independent contractors: health care providers: COVID-19.

Abstract

Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. Under the ABC test, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation, or business. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification. Existing law exempts specified occupations and business relationships from the application of the ABC test described above. Existing law, instead, provides that these exempt relationships are governed by the multifactor test previously established in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. On March 4, 2020, the Governor declared a State of Emergency in accordance with the powers vested in the Governor under the California Constitution and statutes in order to preserve public health and safety throughout the state due to the threat of COVID-19. This bill would, during the timeframe in which a state of emergency is in effect due to COVID-19 and 90 days thereafter, prohibit the application of the ABC test for respiratory therapists and other medical personnel not otherwise covered by an existing exemption from the ABC test, and would instead require that the multifactor test set forth in the case of Borello apply.

Bill Sponsors (4)

Votes


No votes to display

Actions


May 12, 2020

Assembly

Re-referred to Com. on L. & E.

  • Referral-Committee
Com. on L. & E.

May 11, 2020

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

Mar 11, 2020

Assembly

Re-referred to Com. on L. & E.

  • Referral-Committee
Com. on L. & E.

Mar 10, 2020

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

Feb 27, 2020

Assembly

Referred to Com. on L. & E.

  • Referral-Committee
Com. on L. & E.

Feb 20, 2020

Assembly

From printer. May be heard in committee March 21.

Feb 19, 2020

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB2489 HTML
02/19/20 - Introduced PDF
03/10/20 - Amended Assembly PDF
05/11/20 - Amended Assembly PDF

Related Documents

Document Format
No related documents.

Sources

Data on Open States is updated nightly from the official website of the California State Legislature.

If you notice any inconsistencies with these official sources, feel free to file an issue.