SB 875

  • California Senate Bill
  • 2019-2020 Regular Session
  • Introduced in Senate Jan 21, 2020
  • Senate
  • Assembly
  • Governor

Worker status: independent contractors: court interpreters.


Existing case law, as established in the case of Dynamex Operations W. Inc. 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 statutory 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 not an employee under the ABC test. 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 adopted in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. This bill would also exempt from the ABC test specified individuals working as interpreters and translators.

Bill Sponsors (12)


No votes to display


Jan 29, 2020


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

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

Jan 22, 2020


From printer. May be acted upon on or after February 21.

Jan 21, 2020


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

Bill Text

Bill Text Versions Format
01/21/20 - Introduced PDF

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