SB 238

  • California Senate Bill
  • 2019-2020 Regular Session
  • Introduced in Senate Feb 11, 2019
  • Senate
  • Assembly
  • Governor

Worker status: factors for determination of employee status.


Existing law, as established in the case of Dynamex Operations W. v. Superior Court (2018) 4 Cal.5th 903 (Dynamex) , creates a presumption that a worker who performs services for a hirer is an employee. Existing law requires a 3-part test, commonly known as the "ABC" test, to establish that a worker is an independent contractor for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission. This bill would instead, for purposes of claims for wages and benefits arising under wage orders, analyze whether the worker is economically dependent upon the hiring entity to determine whether that worker is an employee based upon the economic reality of the relationship with the hiring entity. The bill would require this analysis to be based solely upon enumerated factors that are similar to those used as a part of the Economic Realities Test in the federal Fair Labor Standards Act of 1938. This bill would provide legislative findings and declarations in support of these provisions, and would state in the findings and declarations that it is the intent of the Legislature that the test under these provisions be applied retroactively to claims filed on and after April 30, 2018.

Bill Sponsors (10)



Feb 04, 2020


Returned to Secretary of Senate pursuant to Joint Rule 56.

Apr 24, 2019


April 24 set for first hearing. Failed passage in committee. (Ayes 1. Noes 4. Page 800.) Reconsideration granted.

Apr 12, 2019


Set for hearing April 24.

Apr 10, 2019


Re-referred to Com. on L., P.E. & R.

  • Referral-Committee
Com. on L., P.E. & R.

Mar 28, 2019


From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Committee-Passage
  • Referral-Committee
Com. on RLS.

Feb 21, 2019


Referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Feb 12, 2019


From printer. May be acted upon on or after March 14.

Feb 11, 2019


Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
02/11/19 - Introduced PDF
03/28/19 - Amended Senate PDF

Related Documents

Document Format
No related documents.


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