SB 867

  • California Senate Bill
  • 2019-2020 Regular Session
  • Introduced in Senate Jan 17, 2020
  • Senate
  • Assembly
  • Governor

Worker status: independent contractors: newspaper distributers or newspaper carriers.


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 for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission. Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for those purposes. Existing law establishes that, for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission, 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. This test is commonly known as the "ABC" test, as described above. 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 Dynamex and the provisions described above. These exemptions include a temporary exemption for newspaper distributors or newspaper carriers, as defined, until January 1, 2021. This bill would delete the above inoperative date of January 1, 2021, applicable to newspaper distributors or newspaper carriers, thereby making the above exemption apply indefinitely.

Bill Sponsors (10)


No votes to display


Jan 29, 2020


Referred to Com. on L., P.E. & R.

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

Jan 21, 2020


From printer. May be acted upon on or after February 20.

Jan 17, 2020


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

Bill Text

Bill Text Versions Format
01/17/20 - Introduced PDF

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